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•t <br /> i <br /> � . � . <br /> provision governing the following: (i) voting rights; (ii) increases in an annual Assessment of • <br /> more than twenty-five percent over the prior year's annua]Assessment;(iii)Assessment liens,or <br /> priority of Assessment liens; (iv}reductions in reserves for maintenance, repair and replacement <br /> of Common Elements; (v) responsibility for maintenance and repairs; (vi) reallocation of <br /> interests in the Common Elements or Limited Common Elements, or rights to their use; (vii) <br /> redefinition of any Unit boundaries; (viii) convertibility of Units into Cammon Elements or vice <br /> versa; (ix) expansion or contraction of the Property or the addition, annexation or withdrawal of <br /> property to or from the Property; (x) hazard or fidelity insurance requirements; (xi) imposition of <br /> material restrictions.on the leasing of Units; {xii} imposition of any restrictions on an Owner's <br /> right to sell or transfer his or her Unit; (xiii) restoration or repair of the Property(after a hazard <br /> damage or partial condemnation) 'rn a manner other than that specified in the Goveming <br /> Documents; (xiv) any action to terminate the lega] status of the Condominium after substantial <br /> destruction or condemnation oGcurs; or (xv) any provisions that expressly benefit Eligible <br /> Mortgagees,or insurers or guarant�rs of mortgages. <br /> � � <br /> 15.2 Consent to Certain Actions. Subject to Declarant's rights under Section, the <br /> written consent of Eligible Mortgagees representing at least sixty-seven percent of the Units.that <br /> are subject to first mortgages held by Eligible Mortgagees (based upon one vote per Unit <br /> financed} shall be required to (i) abandon or terminate the Condominium; (ii} change the <br /> allocations of voting rights,Common Expense obligations or interests in the Common Elements; <br /> (iii) par#ition or subdivide a Unit except as permitted by statute; {iv) abandon, partition, <br /> subdivide, encumber, or sell any Common Elements; or {v) use hazard insurance proceeds for <br /> other than the repair,replacement or reconstruction of the�Property,except as otherwise provided <br /> by law. <br /> 15.3 Consent to Subdivision. No Unit may be partitioned or'subdivided without the <br /> prior written approval of the Owner and Eligible Mortgagee thereof,and the Association. <br /> 15.4 Na Right of First Refusal. The right of an Owner to sell, transfer, or otherwise <br /> convey his or her Unit shall not be subject to any right of first refusal or similar restrictions. <br /> 15.5 Prioritv of Lien. Any Person who comes into possession of a Unit by foreclosure <br /> of the first mortgage on a Unit, or by deed or assignrnent in lieu of foreclosure of the first <br /> mortgage on a Unit, takes the Unit free of any claims for unpaid Assessments or any other <br /> charges or liens imposed against the Unit by the Association which have accrued against such <br /> Unit prior to the acquisition of possession of the Unit by said Person; (i) except as provided in <br /> Section 6.9 and the Act and (ii) except that any unreimbursed Assessments or charges may b� <br /> reallocated among ali Units in accordance with their interests in the Common Elements. ' <br /> 15.b Prioritv of Taxes and Other Charees. All taxes, assessments and charges which <br /> may become liens prior to the first mortgage under state law shall relate only to the individual <br /> Units and not to the Property as a whole. <br /> ! 15.7 Prioritv for Condemnation Awards. No provision of the Goveming Documents <br /> shall give an Owner, or any other party, priority over any rights of the Eligible Mortgagee of the <br /> Unit pursuant to its mortgage in the case of a distribution to such Owner of insura.nce proceeds or <br /> condemnation awards for losses to or a taking of the Unit and/or the Common Elements. Ti�e <br /> MPLS-Word 9528Lt 1 35 <br />