declaration
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Wyndham Park Declaration
Page 14



Section 5. Subordination of the Lien to First Mortgages. The lien of the assessments and charges provided for herein shall be subject and subordinate to the lien of any duly executed first mortgage on a Lot recorded prior to the date on which such line of the Association arises, and any holder of such first mortgage which comes into possession of a Lot pursuant to the remedies provided in the mortgage, foreclosure of the mortgage, or deed or assignment in lieu of foreclosures, and any purchaser at a foreclosure sale shall take the property free of any claims for unpaid installments of assessments or charges against the mortgaged Lot which became due and payable prior to the time such holder or purchaser took title to the Lot, provided that the Association has been made a party to such action.

Section 6. Certificate Regarding Assessments. The Board shall, upon demand, for a reasonable charge, furnish a certificate signed by the president, treasurer, secretary or other designated representative of the Association, setting forth whether the assessments on a specified Lot have been paid. This certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid.

ARTICLE VIII.

NOTICE TO MORTGAGEES


Any holder, insurer or guarantor of a first mortgage, upon written request to the Association (which request states the name and address of such holder, insurer or guarantor and the Lot designation), shall be entitled to timely written notice by the Association of:

1. Any proposed addition or amendment of the Association Organizational Documents effecting a material change or addition in provisions establishing, providing for, governing or regulating (a) voting, (b) the division of assessments, assessment liens or subordination of such liens, (c) reserves for maintenance, repair and replacement of Association property, (d) insurance or fidelity bonds, (e) rights to use of Common Areas owned by the Association, (f) responsibility for maintenance and repair, (g) the leasing of any Lot or residence or part thereof, (h) the imposition of any right of first refusal or similar restriction on the right of a Lot Owner to sell, transfer, or otherwise convey his or her Lot, or (i) any provisions which are for the express benefit of the holder, insurer or guarantor of any first mortgage on a Lot;

2. Any proposed termination of the Association;

3. Any condemnation or eminent domain proceeding which may affect a material portion of the Common Areas owned by the Association;

4. Any decision by the Association not to restore substantially damaged property comprising a part of the Common Area owned by the Association.

5. Any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association where substantially identical replacement insurance is not obtained;

6. Any decision by the Association to construct significant new capital improvements not replacing existing improvements;

7. Times and places of Lot Owner's meetings for which any of the preceding items is on the meetings' agenda;



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