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8F Consent 2021 0907
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8F Consent 2021 0907
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9/17/2021 9:29:38 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
9/7/2021
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PERM
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Reso 2021-124 Final Map DR Horton Bay
(Approved)
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\City Clerk\City Council\Resolutions\2021
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<br /> <br />4810-5342-0509, v. 2 <br /> 58 <br /> <br />12.5 Power of Attorney. Each of the Owners irrevocably appoints the Association as attorney- <br />in-fact and irrevocably grants to the Association full power in the name and stead of such Owner to sell the <br />entire Community, and to execute deeds and conveyances to it, in one or more transactions, for the benefit <br />of all Owners when partition of the Community may be had under California Civil Code Section 4610. The <br />power of attorney shall: <br />12.5.1 Be binding on all Owners, whether they assume the obligations under this <br />Declaration or not; <br />12.5.2 Be exercisable by a majority of the Board acting on behalf of the Association, <br />subject to obtaining the prior approval by vote or written consent of at least seventy-five percent (75%) of <br />the Owners and at least seventy-five percent (75%) of all Institutional Mortgagees; and <br />12.5.3 Be exercisable only after recordation with the County Recorder of a certificate <br />executed by those who have power to exercise the power of attorney that the power of attorney is properly <br />exercisable under the authority of this Declaration. This certificate shall be conclusive evidence of proper <br />exercise in favor of any person relying on it in good faith. <br />12.6 Prohibition Against Severance. An Owner shall not be entitled to sever such Owner’s <br />Condominium from its membership in the Association, and shall not be entitled to sever such Owner’s <br />Condominium and such Owner’s membership from such Owner’s undivided interest in the Common Area <br />for any purpose. None of the component interests in a Condominium can be separately sold, conveyed, <br />encumbered, hypothecated or otherwise dealt with, and any violation or attempted violation of this provision <br />shall be void. Similarly, no Owner can sever any exclusive easement appurtenant to such Owner’s <br />Condominium over the Association Property from such Owner’s Condominium, and any attempt to do so <br />shall be void. It is intended hereby to restrict severability pursuant to California Civil Code Section 4630. <br />Notwithstanding the foregoing, the suspension of such right of severability contained herein shall not extend <br />beyond the period set forth in Section 12.2 (Partition) in which the right to partition the Community is <br />suspended thereunder. <br />12.7 Conveyances. Any conveyance of a Condominium by an Owner shall be presumed to <br />convey the entire Condominium. However, nothing contained in this Section shall preclude the Owner of <br />any Condominium from creating an estate for life or years, cotenancy or joint tenancy in the ownership of <br />the Condominium with any other person or persons. <br />ARTICLE 13 <br />RIGHTS OF MORTGAGEES <br />13.1 Conflict. Notwithstanding any contrary provision contained elsewhere in the Governing <br />Documents, the provisions of this Article shall control with respect to the rights and obligations of <br />Mortgagees as specified herein. <br />13.2 Liability for Unpaid Assessments. Any Institutional Mortgagee who obtains title to a <br />Condominium pursuant to the remedies provided in the First Mortgage or by foreclosure of the First <br />Mortgage shall take the property free of any claims for unpaid assessments or charges against the <br />Condominium which accrue prior to the acquisition of title to the Condominium by the Institutional <br />Mortgagee. <br />13.3 Payment of Taxes and Insurance. All taxes, assessments and charges that may become <br />a lien prior to the lien of any First Mortgagee shall be levied only to the individual Condominium and not the <br />Community as a whole. Institutional Mortgagees may, jointly or singly, pay taxes or other charges that are <br />in default and that may or have become a charge against any Association Property or Improvements <br />situated thereon and may pay overdue premiums on property insurance policies or secure new property <br />insurance coverage on the lapse of a policy for such Association Property. Institutional Mortgagees making <br />such payments shall be owed immediate reimbursement for such expenditures from the Association and, <br />311
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