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<br /> <br />4810-5342-0509, v. 2 <br /> 38 <br /> <br />Records of a notice of delinquent assessment (“Notice of Delinquent Assessment”) as provided in <br />California Civil Code Section 5675. After its recordation, the Notice of Delinquent Assessment shall be <br />mailed to all Owners of record for the Condominium for which the lien is being filed as provided in California <br />Civil Code Section 5675. <br />6.11.7 Payment of Assessments. Any payments of sums due under this Article shall <br />first be applied to Assessments owed, and only after Assessments owed have been paid in full shall the <br />payments be applied to the Additional Charges. If an Owner requests a receipt after payment of a <br />delinquent Assessment, the Association shall provide a receipt which sets forth the date of payment and <br />the individual who received such payment. <br />6.12 Additional Charges. In addition to any other amounts due or any other relief or remedy <br />obtained against an Owner who is delinquent in the payment of any Assessments, each Owner agrees to <br />pay Additional Charges incurred or levied by the Association including such additional costs, fees, charges <br />and expenditures as the Association may incur or levy in the process of collecting from that Owner monies <br />due and delinquent subject to California Civil Code Section 5650, et seq. <br />6.13 Waiver of Exemptions. Each Owner, to the extent permitted by Applicable Laws, waives, <br />to the extent of any liens created pursuant to this Article, the benefit of any homestead or exemption laws <br />of California in effect at the time any Assessment or installment becomes delinquent or any lien is imposed. <br />6.14 Subordination of Lien to First Mortgages. When a Notice of Delinquent Assessment <br />has been recorded, such Assessment shall constitute a lien on such delinquent Owner’s Condominium <br />prior and superior to all other liens, except: (a) all taxes; (b) bonds; (c) assessments and other levies that, <br />by law, would be superior thereto; and (d) any First Mortgage now or hereafter placed upon any <br />Condominium subject to Assessment. The sale or transfer of any Condominium pursuant to judicial or <br />nonjudicial foreclosure of a First Mortgage, or pursuant to the remedies provided in the First Mortgage, shall <br />extinguish the lien of such Assessments as to payments which became due prior to such sale or transfer. <br />No sale or transfer shall relieve such Condominium from any Assessments thereafter becoming due or from <br />the lien of any subsequent Assessment. Where the Mortgagee of a First Mortgage or other purchaser of a <br />Condominium obtains title to the same as a result of foreclosure, or pursuant to the remedies provided in <br />the First Mortgage, such acquiror of title, and his or her successors and assigns, shall not be liable for the <br />share of the Common Expenses or Assessments chargeable to such Condominium that became due prior <br />to the acquisition of title to such Condominium by such acquiror, except for a share of such charges or <br />Assessments resulting from a reallocation of such charges or Assessments that are made against all <br />Condominiums. <br />6.15 No Offsets. All Assessments shall be payable in the amounts specified by the particular <br />Assessment, and no offsets against such amounts shall be permitted for any reason, including, without <br />limitation, a claim that the Association is not properly exercising its duties of maintenance, operation or <br />enforcement. <br />6.16 Personal Liability of Owner. No Owner may exempt himself or herself from personal <br />liability for Assessments, nor any part thereof, levied by the Association, nor release the Condominiums <br />owned by him or her from the liens and charges hereof by waiver of the use and enjoyment of the <br />Association Property and facilities thereof, or by abandonment of such Owner’s Condominiums. <br />6.17 Transfer of Condominiums. After transfer or sale of a Condominium, the selling <br />Owner(s) shall not be liable for any Assessment levied on such Condominium after the date of transfer of <br />ownership and written notice of such transfer is delivered to the Association. The selling Owner(s) shall <br />remain responsible for all Assessments and charges levied on his or her Condominium prior to any such <br />transfer. <br />6.18 Failure to Fix Assessments. The omission by the Board to fix the Assessments <br />hereunder before the expiration of any Fiscal Year for that or the next year shall not be deemed either a <br />waiver or modification in any respect of the provisions of this Declaration or a release of the Owner from <br />291