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09-22-1997 Council Packet
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09-22-1997 Council Packet
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r <br />» '»■ <br />r • » <br />Default Rate, and costs and attorney's' fees incurred in collection thereof, shall h >• <br />a lien against such Owner’s Benefitted Parcel from the date such Cost Share, <br />any installment payment thereof, becomes delinquent, and such lien may be <br />enforced by foreclosure thereof in the same manner as a mortgage either by action <br />or by advertisement, the power of sale being hereby expressly granted. However, <br />such lien shall be subordinate to the lien of any first mortgage on a Benefitted <br />Parcel, and the sale or transfer of a Benefitted Parcel pursuant to mortgage <br />foreclosure or any proceeding in lieu thereof shall extinguish the lien of such <br />Percentage Share as to payments thereof which became due prior to such sale or <br />transfer. No such sale or transfer shall relieve a Benefitted Parcel or its Owner <br />from liability for any installments of Easement Parcel Costs thereafter becoming <br />due or from the lien thereof. Any lien claim filed for record pursuant hereto shall <br />terminate one (1) year after the filing thereof, unless a foreclosure by <br />advertisement or by action has been initiated before the end of the one-year <br />period. In addition, each such installment of Easement Parcel Costs, together <br />'with interest thereon at the Default Rate, and costs and attorneys' fees incurred <br />in collection thereof, shall be the personal obligation of the person or entity <br />was the Owner of the Benefitted Parcel at the time such installment became <br />payable. The personal obligation for delinquent payments of Easement Parcel <br />Costs shall not pass to such Owner's .successors in title unless expressly assumed
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