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this Declaration, and subject to the restriction on the enforcement of monetary penalties <br /> described in Section 9.7 of this Declaration, the Association may enforce delinquent <br /> assessments. including delinquent installments. by suing the Owner directly on the debt <br /> established by the assessment, or by establishing a lien against the Owner's <br /> Condominium as provided in Section 9.13 of this Declaration and foreclosing the lien <br /> through either judicial proceedings or nonjudicial proceeding under a power of sale as <br /> provided in Section 9.14 of this Declaration. The Association may commence and <br /> maintain a lawsuit directly on the debt without waiving its right to establish a lien against <br /> the Owner's Condominium for the delinquent assessment. In any action instituted by the <br /> Association to collect delinquent assessments, accompanying. ate charges, or interest, the <br /> prevailing party shall be entitled to recover costs and reasonable attorneys' fees. <br /> 9.13 Creation of Assessment Lien. <br /> (a) A delinquent assessment or installment, toge her with any accompanying late charges, <br /> interest, costs (including reasonable attorneys fees), and penalties as,may be authorized <br /> under this Declaration shall become a lien on the Condominium against which the <br /> assessment was levied upon recordation in the Official Records of the County Recorder <br /> of Alameda County, California. The notice shall describe the amount of the delinquent <br /> assessment or installment, the relaa ed.\arges authorized.by this Declarationa <br /> description of the Condominium thae of the Owner; and the name and address of <br /> any trustee authorized by the Ass o <br /> ciat onto conduct a foreclosure sale. and shall be <br /> signed by any officer of the Associa' io or by,a or agent of the Association <br /> authorized to do so by the Board. \\ > \ V <br /> (b) Unless the Board considers'the immediatterecordingof notice to be in the best <br /> interest of the Association, the notice shallsnot be recorded-until at least fifteen (15) <br /> calendar days after the`Association has delivered to the delinquent Owner a written notice <br /> of defa�_and demand ,.p provid that payment has not been made prior to — <br /> • recordation_of the•notice. If the'delinquent•assesssment or installment and related charges <br /> are'pa't oth rwis \tised, the Associativhall record a notice of satisfaction and <br /> release•of lien. \ <br /> (c) Within thirty (30) calendar days after the Association has delivered to a delinquent <br /> Owner a written notice of'default a■d.ademand for payment. or within fifteen (15) <br /> calendar da \after the dateihe Association records a lien on any Condominium against <br /> which a delinquent assessment +was levied, whichever is sooner. the Association shall <br /> give to Declarant and,to any Mortgagee who holds a Mortgage on the affected Unit and <br /> who has filed a request flir notices with the Board of Directors <br /> pursuant to Section 15.2 of this Declaration, notice of the delinquency. Declarant. as well <br /> as any Mortgagee, shall have the right, but shall not be under any obligation, to pay such <br /> delinquent assessment and any costs. penalties, or interest assessed thereon, to avoid <br /> foreclosure of any lien under the provisions of Section 9.14 of this Declaration. <br /> 9.14 Foreclosure Under Assessment Lien. Within two (2) years after the recording <br /> of a notice of assessment, but not less than fifteen (15) calendar days after the recording <br /> of the notice of assessment, the Board shall enforce any assessment lien established under <br />