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2017.04.17 CC Packet
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2017.04.17 CC Packet
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City Council
Document Type
Minutes
Meeting Date
4/17/2017
Meeting Type
Regular
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6.8.2 The contribution shall be paid at the time of closing of the initial sale of <br />the Unit to a purchaser other than a Neighborhood Developer or Builder. <br />6.8.3 The contributions are in addition to, and shall not be credited against, the <br />regular installments of Master Assessments. <br />6.9 Liens for Master Assessments. The Master Association has a lien against each <br />Unit for the portion of a Master Assessment levied against the Unit by the Neighborhood Board <br />of the Neighborhood Association in which that Unit is located. If a Master Assessment is <br />payable in installments, the full amount of the Master Assessment is a lien from the time the first <br />installment becomes due. Fees, charges, late charges, fines, attorneys' fees, interest, or other <br />charges imposed by the Master Association are liens, and are enforceable as Master Assessments <br />hereunder. Recording of this Master Declaration constitutes record notice and perfection of any <br />lien under this Section, and no further recordation of any notice of or claim for the lien is <br />required. <br />6.10 Lien Priority; Foreclosure. A lien against a Unit for Master Assessments is prior <br />to all other liens and encumbrances on the Unit except (i) liens and encumbrances recorded <br />before the Master Declaration; (ii) any first mortgage on the Unit; and (iii) liens for real estate <br />taxes and other governmental assessments or charges against the Unit. A lien against a Unit for <br />Master Assessments may be foreclosed against the Unit under the laws of the State of Minnesota <br />(i) by action, or (ii) by advertisement in substantially the same manner as a mortgage containing <br />a power of sale. The Master Association, or its authorized representative, shall have the power <br />to bid at the foreclosure sale and to acquire, hold, lease, mortgage and convey any Unit so <br />acquired. The Owner and any other Person claiming an interest in the Unit, by the acceptance or <br />assertion of any interest in the Unit, grants to the Master Association a power of sale and full <br />authority to accomplish the foreclosure by advertisement. The holder of a first mortgage on a <br />Unit which acquires title to the Unit by foreclosure or a deed in lieu of foreclosure shall take title <br />to the Unit free and clear of all Master Assessment liens encumbering the Unit and payable in the <br />period prior to the acquisition of title to the Unit by the mortgage holder. At such time as the <br />first mortgage holder takes title to the Unit, it shall be obligated to pay Master Assessments <br />levied against the Unit and payable during the period when it holds title to the Unit. The Master <br />Association shall, in addition to its other remedies, have the right to pursue any other remedy at <br />law or in equity against the Owner who fails to pay or whose Neighborhood Association fails to <br />pay any Master Assessment or charge against the Unit or the Neighborhood Association in which <br />the Unit is located. <br />6.11 Voluntary Conveyances; Statement of Master Assessments. In a voluntary <br />conveyance of a Unit, the transferee shall not be personally liable for any part of any unpaid <br />Master Assessments due and payable by the transferor prior to or at the time of conveyance of <br />title to the transferee. However, a lien for any Master Assessment levied against the Unit, shall <br />remain against the Unit until satisfied or released. The Master Association shall furnish to the <br />transferor or transferee of a Unit, upon request, a statement as to the current status of Master <br />Assessments against the Unit. The Master Association may charge a reasonable fee for such <br />services. <br />18 <br />2190398.v1 <br />
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