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of services for items set forth in the Association's budget. <br />6.7.3. Accounting Obligations Associated with Use of Alternate Common Expense Plan. If <br />Declarant utilizes an alternate common expense plan, Declarant shall cause to be prepared and delivered <br />to the Association, at the Declarant's expense, within 90 days after the termination of the Declarant <br />Control Period, an audited balance sheet and profit and loss statement certified to the Association and <br />prepared by an accountant having the qualifications set forth in section 51513.3421(b) of the Act. The <br />audit shall be binding on the Declarant and the Association. <br />(i) If the audited profit and loss statement shows an accumulated operating deficit, <br />the Declarant shall be obligated to make up the deficit within 15 days after <br />delivery of the audit to the Association, and the Association shall have a claim <br />against the Declarant for an amount equal to the deficit until paid. If Declarant <br />does not utilize an alternate common expense plan, Declarant is not liable to <br />make up any operating deficit. <br />(ii) The existence and amount, if any, of the operating deficit shall be determined <br />using the accrual method of accounting applied as of the date of termination of <br />the Declarant Control Period, regardless of the accounting methodology <br />previously used by the Association to maintain its accounts. <br />(iii) Unless approved by a vote of the Unit Owners other than the Declarant and its <br />affiliates, the operating deficit shall not be made up, prior to the election by the <br />Unit Owners of a Board of Directors pursuant to section 51513.3403(d) of the <br />Act, through the use of a special assessment or by assessments described in <br />subsections 51513.3-1151(e), (f), and (g) of the Act. <br />6.8. Assessment Lien. The Association has a lien on a Unit for any Assessment levied against that <br />Unit from the time the Assessment becomes due. If an Assessment is payable in installments, the full amount of <br />the Assessment is a lien from the time the first installment thereof becomes due. Fees, charges, late charges, <br />fines and interest charges imposed by the Association pursuant to Section 51513.3402(a)(10), (11) and (12) of <br />the Act are liens, and are enforceable as Assessments, under this Section 6. Recording of the Declaration <br />constitutes record notice and perfection of any lien under this Section 6, and no further recordation of any notice <br />of or claim for the lien is required. Notwithstanding the foregoing, in the event that the Association records a <br />notice of lien against a Unit, the Association will be deemed to be a purchaser for purposes of the Recording <br />Act, Minnesota Statutes §507.34, as of the date that the lien document is properly recorded. Past due assessments, <br />and amounts enforceable hereunder as assessments, shall bear interest at the rate established with respect to <br />judgments under Minnesota Statutes Section 549.09. The release of the lien shall not release the Owner from <br />personal liability unless agreed to in writing by the Association. <br />6.9. Foreclosure of Lien: Remedies. A lien for Assessments may be foreclosed against a Unit under <br />the laws of the State of Minnesota (i) by action, or (ii) by advertisement in a like manner as a mortgage containing <br />a power of sale. The Association, or its authorized representative, shall have the power to bid in at the foreclosure <br />sale and to acquire, hold, lease, mortgage and convey any Unit so acquired. The Owner and any other Person <br />claiming an interest in the Unit, by the acceptance or assertion of any interest in the Unit, grants to the Association <br />a power of sale and full authority to accomplish the foreclosure. The Association shall, in addition to its other <br />remedies, have the right to pursue any other remedy at law or in equity against the Owner who fails to pay any <br />Assessment or charge against the Unit. <br />6.10. Lien Priority: Foreclosure. A lien for Assessments is prior to all other liens and encumbrances <br />on a Unit except (i) liens and encumbrances recorded before the Declaration, (ii) any first mortgage on the Unit, <br />and (iii) liens for real estate taxes and other governmental assessments or charges against the Unit. <br />Notwithstanding the foregoing, if (1) a first mortgage on a Unit is foreclosed, (2) the first mortgage was recorded <br />13 <br />