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<br />property subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, for
<br />a term of thirty (30) years from the date this Declaration is recorded, after which time they shall be
<br />automatically extended for successive periods of ten (10) years, unless an instrument in writing, signed by
<br />all of the then Owners of the Condominiums, has been recorded within the year preceding the beginning of
<br />each successive period of ten (10) years, agreeing to change said covenants and restrictions in whole or
<br />in part, or to terminate the same.
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<br />9.4. Amendments: If a two-class voting structure is in effect, this Declaration may be amended
<br />by the vote or written consent of Members entitled to cast at least a majority of the voting power of each class
<br />of members in the Association. If a two-class voting structure is no longer in effect due to the conversion of
<br />Class B voting rights to Class A voting rights, as described in the Bylaws, this Declaration may be amended
<br />by the vote or written consent of (i) Members holding a least a Majority of the Voting Power of the
<br />Association and (ii) Members holding a majority of the voting power held by members other than the
<br />Declarant. Notwithstanding the foregoing, if any provision of this Declaration requires a greater or lesser
<br />percentage of the voting rights of any class of Members in order to take action under such provision, the same
<br />percentage of such class or class of Members shall be required to amend or revoke such provision. Any
<br />amendment must be recorded and shall become effective upon being recorded in the Recorder's Office
<br />of the County.
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<br />9.5. Encroachment Rights: If any portion of the Common Area encroaches on any Unit or
<br />any part thereof or any portion of a Unit encroaches on any Common Area due to engineering errors,
<br />errors or adjustments in original construction, reconstruction, repair, settlement, shifting, or movement of the
<br />building, or any other cause, the owner of the encroachment shall have the right to maintain, repair or
<br />replace the encroachment, as long as it exists, and the rights and obligations of Owners shall not be
<br />altered in any way by said encroachment, settlement or shifting; provided, however, that no right shall
<br />be created in favor of an Owner or Owners if said encroachment occurred due to the intentional conduct
<br />of said Owner or Owners other than adjustments by Declarant in the original construction. In the event a
<br />structure is partially or totally destroyed, and then repaired or rebuilt, the Owners agree that minor
<br />encroachments over adjoining Condominiums or Common Area shall be permitted and that there shall be
<br />appropriate rights for the maintenance of said encroachments so long as they shall exist. In the event that
<br />an error in engineering, design or construction results in an encroachment of a building into the Common
<br />Area, or into or onto an adjoining lot, or into a required setback area, a correcting modification may be
<br />made in the subdivision map and/or Condominium Plan. Said modification shall be in the form of a
<br />certificate of correction and shall be executed by Declarant (so long as Declarant is the sole owner of the
<br />Property} and by Declarant's engineer (in the case of a Condominium Plan} and, in addition, by the city
<br />engineer (in the case of a Tract map}.
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<br />9.6. Rights of First Lenders: No breach of any of the covenants, conditions and restrictions
<br />herein contained, nor the enforcement of any provisions hereof, shall render invalid the lien of any First
<br />Mortgage (meaning a mortgage with first priority over any other mortgage) on any Condominium made in
<br />good faith and for value, but all of said covenants, conditions and restrictions shall be binding upon and
<br />effective against any Owner whose title is derived through foreclosure or trustee's sale, or otherwise.
<br />Notwithstanding any provision in the Governing Documents to the contrary, First Lenders shall have the
<br />following rights:
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<br />A. Amendments:
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<br />(1) Amendments of a material adverse nature to First Lenders require the
<br />approval of at least fifty-one percent (51%} of First Lenders (based on one (1} vote for each First
<br />Mortgage owned);
<br />(2) any action to terminate the legal status of the Project, or to use insurance
<br />proceeds for any purpose other than to rebuild, requires approval of at least fifty-one percent (51%} of First
<br />Lenders (based on one (1) vote for each First Mortgage owned); and,
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<br />(3) Implied approval may be assumed when a Mortgagee fails to submit a
<br />response to any written proposal for an amendment within sixty ( 60} days after the Mortgagee actually
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