HUMPHRIES, VALERIE R. - Laserfiche WebLink

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hereof, have given their prior written approval, the Association or the Owners shall not be entitled to: (a) by act or omission, seek to abandon or terminate this Declaration, except for abandonment or termination provided by law in the case of substantial destruction of the Project by fire or other casualty or in the case of a taking by condemnation; (b) change the pro rata interest or obligations of any individual Parcel for purposes of levying assessments or charges or allocating distributions of hazard_ insurance proceeds or condemnation awards; or (c) make any amendment to this Declaration, the Articles or the Bylaws governing the following subjects: (i) the fundamental purpose for which the Project was created (such as a change from multifamily residential use to a different use); (ii) voting; (iii) assessments, assessment liens and subordination thereof; (iv) annexation; and (v) any provision of this Article IX. 9.4 Examination of Association Records. Mortgagees and prospective mortgagees shall have the right to reasonably examine the books and records of the Association during normal business hours. 9.5 Taxes. All taxes, assessments and charges which may become liens under applicable law shall relate only to the individual Parcels and not to the Project as a whole, 9.6 Notices. The Association shall, upon the request of any first mortgagee, (1) give written notice of all meetings of the Association and permit such mortgagee to designate a representative to attend all such meetings, and (2) transmit to such mortgagee an annual audited financial statement of the Project within ninety (90) days following the end of any fiscal year of the Project. The Association may charge the Owner and/or the mortgagee a reasonable fee for. providing such notification. 9.7 No Forfeiture. No breach of any of the foregoing covenants and restrictions shall cause any forfeiture of title or reversion or bestow any right of reentry whatsoever; but violation of any one or more of these covenants or restrictions may be enjoined or abated by Owners, their successors and assigns, and by the Association, by action of any court of competent jurisdiction; and damages may also be awarded against such violations provided, however, that any such violation shall not defeat or render invalid the lien of any mortgage made in good faith and for value as to said property or any part thereof, but said covenants and restrictions shall be binding upon and effective against any Owner of said property, or portion thereof, whose title thereto is acquired by foreclosure, trustee's sale or otherwise. EXHIBIT E: Page 22 of 24