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'.. ' .. <br /> notice of or claim for the lien is required. The release of the lien shall not release the Owner <br /> from personai liability unless agreed to in writing by the Association. <br /> 6.9 Foreclosure of Lien: Remedies. A lien for Assessments may be foreclosed <br /> against a llnit under the laws 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 authori2ed - <br /> representatit�e, shall have the pow�r to bid in at the foreclosure sale and to acquire, hold, lease, - <br /> mortgage, and convey,any Unit so a�quired. The Owner and any other Person claiming an <br /> interest in the Unit, by the acceptance or assertion of any interest in the Unit, grants to the <br /> Association a power of sate and full authority to accomplish the foreciosure. The Association <br /> • shall, in addition to its other remedies, have the right to pursue 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 ottier liens and <br /> encumbrances on a Unit except(i) liens and encumbrances recorded before this Declaration, (ii) <br /> any first mortgage on the 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 re�ording 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 to a lien in favor of the Association for unpaid Assessments or <br /> instaJlments thereof levied pursaant to Sections S15B.3-115{a), {e}(1) to (3), (fl, and (i) of the <br /> Act wfiich became due, without acceleration, during the six months immediately preceding the <br /> first day following the end of the Owner's period of redernption. <br /> 6.11 Real Estate Taxes and Assessments. Real estate taxes, special assessments, and <br /> other charges and fees which would normaIly be levied against the Common Eiements by <br /> govemmental auttiorities, 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 personally liable for any unpaid Assessrnents and other charges � <br /> made by ihe tlssociation 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 ofsuch 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 Unii, including all Assessments payable in the Association's cvrrent fiscal year, <br /> which statement shall be binding on the Association,the seller,and the buyer. <br /> SECTION 7 <br /> RESTRICTIONS Oi�1 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.I 1 1� . <br /> � <br /> i <br /> � <br /> -- --�-- —--. 1 <br />