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. <br /> '.. ,. <br /> notice of or claim for Che )ien is required. The release of the lien shall not release the Owner _ <br /> from personai liability uniess agreed to in writing by the Association. <br /> 6.9 Foreclosure of Lien: Remedies. A lien for Assessments may be foreclosed <br /> against a Unit under the taws of the state of Minnesota(i)by action, or(ii) by advertisement in a , <br /> like manner �as a mortgage containing a power of sale. The Association, or its authorized • <br /> representative, shall have the power to bid in at the foreclosure sale and #o acquire, hold, lease, - <br /> mortgage, and convey,any Unit so acquired. The Owner and any other Person claiming an <br /> interest in the Unit, by the acceptance or assertian of any interest in the Unit, grants to the <br /> Association a power of sate and full authority ta accomplish the foreclosure. The Association <br /> • shall, in addition to its other remedies, have the right to pursve any other remedy at law or in <br /> equity against the Owner who fails to pay any Assessment.or charge against the Unit. � <br /> 6.10 Lien Prioritv; Foreclosure. A lien for Assessments is prior to all other liens and <br /> encumbrances on a Unit except(i) liens and encumbrances recorded before this Declaration, {ii) <br /> any first mort�age on 1he Unit, and (iii) liens for real estate taxes and other governmental ' <br /> Assessments or charges against the Unit. Notwithstanding the foregoing, if(i) a first mortgage <br /> on a Unit is foreclosed, {ii) the first mortgage was recorded on or after the date of recording of <br /> , this Declaration,and (iii) the Owner of the Unit does not redeem from the foreclosure during the <br /> I Owner's period of redemption provided by Minnesota Statutes Chapter 580, 581, or 582, then <br /> the holder of the sheriff's certificate of sale from the foreclosure of the first mortgage shall take � <br /> title ta the Unit subject Eo a lien in favor of the Association for unpaid Assessments or <br /> instaliments thereof levied pursaant to Sections SISB.3-1 LS(a), {e)(l) to (3), (�, and (i) of the <br /> Act wfiich hecame due, without acceleration, during the six months immediately preceding the <br /> first day followi�g the end of the Owner's period of redemption. <br /> 6.13 Real Estate Taxes and Assessments. Real estate taxes, special assessments, and <br /> other charges and fees which would normally be levied against the Common Elements by <br /> governmental authorities, shall be allocated equally among and levied against the Units, and <br /> shall be�a lien against each Unit in the same manner as a lien for real estate taxes and real estate <br /> special assessments levied against the Unit alone. <br /> 6.12 Voluntarv Convevances; Statement of Assessments. In a voluntary conveyance � <br /> of a Unit the buyer shall not be persona)ly liable for any unpaid Assessments and other charges � <br /> made by the Association against the seller or the selier's Unit prior to the time of conveyance to <br /> � the buyer, unless expressly assumed by the buyer. However, the lien of such Assessments shail <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 Unii, including all Assessments payable in the Association's carrent fiscal year, <br /> which statement shall be binding on the Association, the seller,and the buyer. <br /> SECTION 7 <br /> RESTRICTIONS ON USE OF PROPERTY <br /> All Owners and Occupants,and ail secured parties, by their acceptance or assertion of an <br /> interest in the Property, or by their occupancy of a Unit, covenant and agree that, in addition to <br /> MPLS-Word 95281.11 1� <br /> � <br /> i <br /> I <br /> •- --�-- —--- �. <br />