Laserfiche WebLink
14.2.2. No Limitations on Sale /Right. of First Refusal. The right of a <br />lion- Qualified Mortgagee to foreclose or accept a deed in lieu. of foreclosure on a Unit, or <br />to sell, lease, transfer or otherwise convey a Unit which it acquires by foreclosure or deed <br />in lieu of foreclosure, shall not be subject to any right of first. refusal or similar <br />restrictions, <br />14.2.3. Priority of .lien. Any Non - Qualified Mortgagee that comes ' into <br />possession of a V.nit by foreclosure of its first mortgage on a Unit, or by deed or <br />assignment in lieu of foreclosure of the first mortgage on the Unit, takes the Unit free of <br />any claims for unpaid Assessments or any other charges or bens imposed against tho Unit <br />by the Association which have accrued against such Unit prior to the acquisitio-n of <br />possession of the Unit by the Non -- Qualified Mortgagee, (1) except as provided in <br />Section 515B.3-116 of MCIOA. or Section 6.9, (h) except that the Non-Qualified <br />Mortgagee will be liable for any fees or costs of collection of the unpaid Assessments if <br />the Associations lien priority includes such fees and costs, and (iii) except that any <br />unreirnbursed Assessments or charges may be reallocated among all Units in accordance <br />with their'allocated interests in the common interest community. <br />14.2.4.. Priority of Taxes and dither Charge, All taxes, assessments and charges <br />which. may b ecome liens prior to the first mortgage under state law shall relate only to the <br />individual Units and not to the common interest community as a whaler <br />14.2.5. Priority for insurance /Condemnation Proceeds. No provision of this <br />Declaration or other Governing Documents shall give im downer, or any other party, <br />priority over any rights of the Non - Qualified Mortgagee of the Unit pwsuant to its <br />mortgage in the case of a distribution to such Owner of insurance proceeds or <br />condemnation awards for losses to or a taking of the Unit and/or the Common Elements. <br />The Association shall give written notice to all Non-Qualified Mortgagees of any <br />condemnation or eminent domain proceeding affecting tho common interest community, <br />promptly upon reedipt of notice from the condemning authority. <br />14.2.6. Notice Requirements. Non - Qualified Mortgagees shall be entitled to <br />timely written notice of: <br />14.2.6.1. a condemnation loss or any casualty loss which affects a material <br />portion of the common interest community or the Unit securing the mortgagq; <br />14.2,6,2., a sixty -day delinquency in the payment of Assessments or <br />charges owed by the Owner of a Unit on which it holds a mortgage; <br />14.2.6.3. �i lapse, cancellation or material modification of any insurance <br />policy maintained by the Association; and . <br />14.2.6.4. a proposed action which requires the consent of a specified <br />percentage of Non-Qualified Mortg4gees pursuant to Section 13,2. <br />14.23. Any institutional insurer or guarantor of a mortgage on a Unit shall also <br />be entitled to notice of the foregoing events or actions. <br />MPLS -word 2021 80,3 36 <br />i <br />