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DSCC-57520\2494968.2 25 September 17, 2021 9.5 Breaches. No breach of any provision of this Declaration shall invalidate the lien of any Mortgage made in good faith or for value; but all of the covenants, conditions and restrictions shall be binding on any Owner whose title is derived through foreclosure sale, trustee sale or otherwise. 9.6 Special Voting Requirements. Any action taken by the Association, the Members or the Association are subject to the special voting requirements set forth in this Section 9.6. 9.6.1 First Mortgagee Approval Rights. Except as provided otherwise by statute, in case of condemnation or substantial loss to the Units and/or Common Area of the Development, unless at least two-thirds of the first Mortgagees (based on one vote for each first Mortgage owned) and Owners (other than the Declarant) of the individual Condominiums have given their prior written approval, the Association may not: (i) by act or omission seek to abandon or terminate the Condominium Development; (ii) change the pro rata interest or obligations of any Condominium in order to levy assessments or charges, allocate distribution of hazard insurance proceeds or condemnation awards, or determine the pro rata share of ownership of each Condominium and the Common Area; (iii) partition or subdivide any Condominium; (iv) seek to abandon, partition, subdivide, encumber, sell or transfer the Common Area by act or omission. The granting of easements for public utilities or other public purposes consistent with the intended use of the Common Area by the Condominium Development or as authorized under Section 2.6 is not a transfer within the meaning of this clause. In the case of a Condominium Development subject to additions or expansions in which sections or phases are established by the Governing Documents, this requirement will be deemed waived to the extent necessary to allow the phasing or additions in accordance with the Governing Documents; or (v) use hazard insurance proceeds for losses to any Condominium property (whether Units or Common Area) for other than the repair, replacement or reconstruction of the Condominium property. 9.6.2 Material Adverse Amendments. The approval of Mortgagees who represent at least fifty-one percent (51%) of the votes of Condominiums that are subject to Mortgages must be obtained prior to: (i) the adoption of any amendment of a material adverse nature to Mortgagees; or (ii) any action to terminate the legal status of the Development after substantial destruction or condemnation or for other reasons. Approval from a Mortgagee shall be assumed if a Mortgagee fails to submit a response to any written proposal for an amendment or proposed action within sixty (60) days after the Mortgagee receives proper notice of the proposal, provided the notice was delivered by certified or registered mail within a “return receipt” requested. 9.7 Distribution of Insurance and Condemnation Proceeds. No Owner, or any other party, shall have priority over any right of any first Mortgagees pursuant to their Mortgages in case of payment to the Condominium Owners of insurance proceeds or a condemnation award for losses to or taking of Condominium Units or Common Area. Any provision to the contrary in this Declaration or in the Bylaws or other documents relating to the Development is to such extent void. 9.8 Mortgagee Notice. Any Mortgage holder or guarantor shall have the right to timely written notice of any of the following: (i) any condemnation or casualty loss that affects either a material portion of the Development or the Condominium securing the Mortgage;