
ARTICLE IX
Mortgage Requirements
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Added language is indicated by bold, italic font.
9.1 Notice of Action. The Board shall maintain a roster containing the name and address of each Eligible Mortgagee as such term is defined herein. To be considered an "Eligible · Mortgagee," a first mortgagee shall provide the Board with a certified copy of its recorded first mortgage and the name and address of the first mortgagee and a statement that the mortgage is a first mortgage together with a written request that it receive notice of the matters and actions described below. The Board shall strike an Eligible Mortgagee from the roster upon request by such Eligible Mortgagee or upon the Board's receipt of a certified copy of a recorded full release or satisfaction of the eligible mortgage. The Board shall give notice of such removal to the Eligible Mortgagee unless the removal is requested by the Eligible Mortgagee. Upon the Board's receipt of such written request, an Eligible Mortgagee shall be entitled to timely written notice of:
(a) Any condemnation loss or any casualty loss which affects a material portion of the Project or any Lot on which there is a mortgage held, insured or guaranteed by such Eligible Mortgagee, insurer or governmental guarantor;
(b) Any delinquency in the payment of Assessments or charges owed by an Owner whose Lot is subject to a mortgage held, insured or guaranteed by such Eligible Mortgagee, insurer or governmental guarantor, which default remains uncured for a period of sixty (60) days; and
(c) Any lapse, cancellation or material modification of any insurance policy or fidelity bond or insurance maintained by the Association in accordance with Section 6.3, above.
9.2 Availability of Project Documents and Financial Statements. The Association shall maintain and have current copies of the Project documents, including membership register, books, records, and financial statements CC&Rs (declaration), Articles of Incorporation, Bylaws, the plat for the development, rules and architectural guidelines any other document by which the association may exercise powers or affect the property, such as resolutions of the board, the most recent approved minutes, and the most recent budget and financial statements available for inspection by Members or by Eligible Mortgagees. Generally, these documents shall be available during the Association's normal business hours, and may be maintained and kept at the office of the manager for the Association. The Association may, as a condition to permitting a Member to inspect the membership register or to its furnishing information from the register, require that the Member agree in writing not to use, or allow the use of, information from the membership register for commercial or other purposes not reasonably related to the regular business of the Association and the Member's interest in the Association. The Association shall maintain and have current copies of the Project documents, including membership register, books, records, financial statements, this Declaration, Articles of Incorporation, Bylaws, the Plat for the development, rules and regulations, the Design Guidelines, and any other document required by law to be maintained and available for inspection by Members or by Eligible Mortgagees. Generally, these documents shall be available during the Association's normal business hours and may be maintained and kept at the office of the manager for the Association. The Association may, as a condition to permitting a Member to inspect the membership register or to its furnishing information from the register, require that the Member agree in writing not to
use, or allow the use of, information from the membership register for commercial or other purposes not reasonably related to the regular business of the Association and the Member's interest in the Association.
9.3 Subordination of Lien. The Assessment or claim against a Lot for unpaid Assessments or charges levied by the Association pursuant to this Declaration shall be subordinate to the first mortgage affecting such lot, and the first mortgagee thereunder which comes into possession of or which obtains title to such Lot shall take the same free of such lien or claim for unpaid Assessments or charges, but only to the extent of Assessments or charges which accrue prior to foreclosure of the first mortgage, exercise of a power of sale available thereunder, or taking of a deed or assignment in lieu of foreclosure. No Assessment, charge, Assessment Lien, or claim which is described in the preceding sentence as being subordinate to a first mortgage, or as not to burden a first mortgagee which comes into possession or which obtains title to a Lot, shall be collected or enforced by the Association from or against first mortgagee, a successor in title to a first mortgagee, or the Lot affected or previously affected by the first mortgage concerned.
9.4 Notice to Eligible Mortgagee. The Association shall give timely written notice of the events listed in Section 9 .1 above to any Eligible Mortgagee who requests such notice in writing.
9.5 Payment of Taxes. In the event any taxes or other charges which may or have become a lien on the Common Area are not timely paid, any First Mortgagee or any combination of First Mortgagees may jointly or singly, pay such taxes. Prior to paying any taxes, such first mortgagee or first mortgagees shall provide thirty (30) days advance written notice to the Board, which notice shall specify the nature of the taxes and suggest a reasonable cure period for such payments.
9.6 Priority. No provision of this Declaration or the Articles gives or may give a Member or any other party priority over any rights of mortgagees pursuant to their respective mortgages in the case of a distribution to Members of insurance proceeds or condemnation awards for loss to or taking of all or any part of the Lots or the Common Area. All proceeds or awards shall be paid directly to any mortgagees of record, as their interests may appear.