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DSCC-57520\2494968.2 26 September 17, 2021 (ii) any sixty (60) day delinquency in the payment of assessments or charges owed by the Owner of any Condominium encumbered by the holder’s, insurer’s or guarantor’s Mortgage; (iii) a lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; and (iv) any proposed action that requires the consent of a specified percentage of eligible Mortgage holders. 9.9 Right of First Refusal. No right of first refusal or similar restriction on the right of an Owner to sell, transfer or otherwise convey the Owner’s Condominium is imposed by the Governing Documents or in any deed restriction of any deed from the Declarant to the first purchaser of the Condominium. 9.10 Unpaid Assessments. Any first Mortgagee of a Mortgage recorded prior to the recordation of a Notice of Delinquent Assessment who obtains title to a Condominium pursuant to the foreclosure procedures will not be liable for unpaid delinquent assessments accrued before the acquisition of title to the Condominium by the Mortgagee. ARTICLE 10 Amendments 10.1 Amendment Before Close of First Sale. Before the close of the first sale of a Condominium in the Development to a purchaser other than Declarant or an entity controlled by Declarant, this Declaration may be amended or rescinded in any respect by Declarant by recording an instrument amending or rescinding this Declaration. The amending or rescinding instrument shall make appropriate reference to this Declaration and its amendments and shall be acknowledged and recorded in Alameda County, California. For purposes herein, a Person is considered controlled by Declarant if the Declarant holds fifty percent (50%) or more of the capital and profit interests if a partnership or limited liability company, fifty percent (50%) or more of the voting shares if a corporation, and fifty percent (50%) or more of the beneficial interests if a trust. 10.2 Amendment After Close of First Sale. After the close of the first sale of a Condominium in the Development to a purchaser other than Declarant or an entity controlled by Declarant, this Declaration may be amended or rescinded in any respect with the Approval by the Owners. The amendment is effective when the approval has been certified in a writing executed and acknowledged by the Owner of each Condominium and the amendment and certification have been recorded in Alameda County, California. Notwithstanding anything herein to the contrary, any provision in this Declaration that specifically confers rights or benefits on a Declarant as Declarant may not be amended or rescinded without the prior written consent of the subject Declarant(s). 10.3 Amendment of the Condominium Plan. The Condominium Plan may be amended by the Approval by the Owners and their Mortgagees as required by Civil Code section 6628. 10.4 Corrections. Notwithstanding anything herein to the contrary, Declarant reserves the right as the attorney-in-fact for each Condominium Owner to record an amendment or appropriate instrument of correction to correct any errors in this Declaration, or any exhibits thereto, including the Condominium Plan, and the consent of neither the Association nor any Condominium Owner shall be required, provided that if the correction affects the size, location or access or use rights to any Unit or any Exclusive Use Common Area appurtenant to that Unit, the consent of that Unit Owner shall be required. The amendment shall be effective when recorded in the records of Alameda County, California, signed by an authorized agent of Declarant.