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03-17-2025 - Agenda Packet Planning Commission - PC Packet
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03-17-2025 - Agenda Packet Planning Commission - PC Packet
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Administration
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Agenda Packet Planning Commission
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Planning Commission
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PC Packet
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3/17/2025
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16 <br />a Unit is foreclosed, (2) the first mortgage was recorded on or after the date of recording of this <br />Declaration, and (3) no Owner redeems during the Owner’s period of redemption provided by <br />Minnesota Statutes Chapters 580, 581, or 582; then the holder of the sheriffs certificate of sale <br />from the foreclosure of the first mortgage or any person who acquires title to the Unit by <br />redemption as a junior creditor shall take title to the Unit subject to a lien in favor of the <br />Association for unpaid Assessments or installments thereof levied pursuant to Sections 515B.3- <br />115(a), (e)(l) to (3), (f), and (i) of the Act which became due, without acceleration, during the six <br />months immediately preceding the first day following the end of the Owner’s period of <br />redemption. <br /> <br />6.11. Real Estate Taxes and Assessments. Real estate taxes, special assessments, and <br />other charges and fees which may be levied against the Common Elements by governmental <br />authorities, shall be allocated among and levied against the Units based upon their respective <br />percentage interests in the Common Elements as set forth in Exhibit A, and shall be a lien against <br />each Unit in the same manner as a lien for real estate taxes and special assessments levied <br />against the Unit alone. <br /> <br />6.12. Voluntary Conveyances: Statement of Assessments. In a voluntary conveyance of <br />a Unit the buyer shall not be personally liable for any unpaid Assessments and other charges <br />made by the Association against the seller or the seller’s Unit prior to the time of conveyance to <br />the buyer, unless expressly assumed by the buyer. However, the lien of such Assessments shall <br />remain against the Unit until released. Any seller or buyer shall be entitled to a statement, in <br />recordable form, from the Association setting forth the amount of the unpaid Assessments <br />against the Unit, including all Assessments payable in the Association’s current fiscal year, <br />which statement shall be binding on the Association, seller and buyer. <br /> <br />SECTION 7 <br />RESTRICTIONS ON USE OF PROPERTY <br />All Owners and Tenants, and all Mortgagees and other secured parties, by their <br />acceptance or assertion of an interest in the Property, or by their occupancy of part or all of a <br />Unit, covenant and agree that, in addition to any other restrictions which may be imposed by the <br />Act, the Governing Documents, or the Rules and Regulations, the occupancy, use, operation, <br />alienation and conveyance of the Property shall be subject to the following restrictions: <br /> <br />7.1. General. The Property shall be owned, conveyed, encumbered, leased, used and <br />occupied subject to the Governing Documents and the Act, as amended from time to time. All <br />covenants, restrictions and obligations set forth in the Governing Documents are in furtherance <br />of a plan for the Property and shall run with the Property and be a burden and benefit to all <br />Owners and Tenants and to any other Person acquiring or owning an interest in the Property, <br />their heirs, personal representatives, successors and assigns. The Property shall be used for <br />private uses, except as otherwise approved by the Board. <br /> <br />7.2. Subdivision or Conversion. Except as permitted by this Declaration, no Unit, nor <br />any part of the Common Elements, may be subdivided, partitioned or converted without the prior <br />written approval of all Owners and all Mortgagees. <br /> <br />129
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