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DECLARATION OF CONDOMINIUM FOR THE GRAND BELLAGIO ...

DECLARATION OF CONDOMINIUM FOR THE GRAND BELLAGIO ...

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incident to the collection of such assessment or enforcement of such lien, whether or not legal<br />

proceedings are initiated. The lien may be recorded among the Public Records of Pinellas County,<br />

Florida, by filing a claim of lien therein which states the legal description of the Condominium Parcel, the<br />

name of the record Unit Owner of the Condominium Parcel, the name and address of the Association, the<br />

amount claimed to be due and the due dates, and said lien shall continue in effect until all sums secured<br />

by the lien, together with all costs incurred in recording and enforcing said lien shall have been paid.<br />

Such claims of lien may be signed and verified by any officer of the Association, or by a managing agent<br />

of the Association. Upon full payment, the party making payment shall be entitled to a recordable<br />

satisfaction of lien, to be prepared and recorded at his/her expense. All such liens shall be subordinate to<br />

the lien of mortgages recorded prior to the date of recording the claim of lien, and all such liens may be<br />

foreclosed by suit brought in the name of the Association in like manner as a foreclosure of a mortgage on<br />

real property. The Association may also, at its option, sue to recover a money judgment for unpaid<br />

assessments, without thereby waiving the lien securing the same. In the event an Institutional Mortgagee<br />

of record shall obtain title to a Condominium Parcel as the result of foreclosure of its mortgage or as a<br />

result of a conveyance in lieu of foreclosure of its mortgage, such Institutional Mortgagee, its successors<br />

and assigns, shall not be liable for that share of the Common Expenses or assessments by the Association<br />

chargeable to the Condominium Parcel, or the Unit Owner thereof, which became due prior to such<br />

acquisition of title by the Institutional Mortgagee unless such share is secured by a claim of lien for<br />

assessments that is recorded prior to the recording of its mortgage, and any such unpaid share of Common<br />

Expenses or assessments chargeable against any such foreclosed Condominium Parcel or against a<br />

Condominium Parcel transferred in lieu of a foreclosure, shall be deemed a Common Expense to be paid<br />

in the same manner as other Common Expenses of the Condominium by all of the Unit Owners including<br />

such acquirer. An Institutional Mortgagee acquiring title to a Condominium Parcel as a result of a<br />

foreclosure or a deed in lieu of foreclosure, may not, during the period of its ownership of such parcel,<br />

whether or not the parcel is occupied, be excused from payment of Common Expenses coming due during<br />

the period of such ownership.<br />

F. Joint Liability. The transferee of title to a Unit shall be jointly and severally liable with the<br />

transferor thereof for any and all amounts owing by the transferor to the Association up to the time of the<br />

transfer of title, without prejudice to the transferee’s right to recover from their transferor any amount<br />

thereof paid by the transferee. The Association shall provide for the issuance to every transferee, upon<br />

request, a certificate of all the amounts due the Association, and the transferee’s liability hereunder shall<br />

thereupon be limited to the amount stated.<br />

G. Foreclosure and Collection. In the event that any lien arises against a Unit due to the failure<br />

of the Unit Owner to pay any assessments or assessment installments, and the assessments or assessment<br />

installments remain unpaid for more than ten (10) days after they shall have become due and payable, or<br />

the Unit Owner shall in any way default under any provisions of the Condominium Act, this Declaration,<br />

the Articles of Incorporation and Bylaws, or the rules and regulations, the Association shall have each and<br />

all of the rights and remedies which may be provided for in the Condominium Act, this Declaration, or<br />

the Articles of Incorporation and the Bylaws, or which may be available at law or in equity, and may<br />

prosecute any action or other proceedings against the defaulting Unit Owner or others or both for<br />

enforcement of any and all liens, statutory or otherwise, including foreclosure of its liens in the manner<br />

provided for the foreclosure of real estate mortgages and the appointment of a receiver for the Unit and<br />

the ownership interest of the Unit Owner, or for damages or injunction of specific performance or<br />

judgment for payment of money and collection thereof, or any combination of remedies, or for any other<br />

relief.<br />

H. Expenses. All expenses of the Association in the enforcement hereof, whether by legal<br />

proceedings or otherwise, including court costs, attorney’s fees and other fees and expenses, shall, in<br />

addition to the amount due and coming due during enforcement proceedings, be recoverable by the<br />

Association against the defaulting Unit Owner. Such costs, fees and expenses, and all damages, liquidated<br />

or otherwise, together with interest thereon at the maximum legal rate chargeable to an individual, shall<br />

be charged to and assessed against the defaulting Unit Owner.<br />

I. Cumulative Remedies. Any and all rights and remedies provided herein may be exercised at<br />

any time and from time to time, cumulatively or otherwise. The Association’s rights and remedies may be<br />

waived only by written authority of the Board of Directors, and any such waiver shall not constitute a<br />

continuing waiver or be renewed or extended without such written authority.<br />

J. Developer's Liability for Assessments. For the period commencing with the closing of the<br />

sale of the first Unit occurs and terminating on January 15, 2004 (the “Guaranty Period”), the Developer<br />

guarantees that the monthly Assessment for the Unit Owners shall not exceed $181.16 for Model AA<br />

(Siena), $191.27 for Model BB (Portofino), $212.26 for Model CC (Trevi), $231.70 for Model DD<br />

(Firenzi), $242.58 for Model EE (Toscano), $255.80 for Model FF (Frascati), $257.35 for Model GG<br />

(Veneto), $288.45, for Model HH (Milano), $288.45 for Model II-X, $292.34 for Model II-N (Positano),<br />

and $368.54 for Model JJ (San Pietro). The Developer agrees to pay the portion of the Common<br />

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