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6. 1. F. - Page 60 (a) Any condemnation loss or any casualty loss which affects a material portion of the Development or any Condominium on which there is a Mortgage held, insured or guaranteed by such Eligible Mortgagee or Eligible Insurer or Guarantor, as applicable; (b) Any delinquency in the payment of Assessments or charges owed by an Owner of a Condominium subject to a Mortgage held, insured or guaranteed by such Eligible Mortgagee or Eligible Insurer or Guarantor which remains unpaid for a period of sixty (60) days; (c) Any default in the performance of an obligation under the Condominium Documents by an Owner of a Condominium subject to a Mortgage held, insured or guaranteed by such Eligible Mortgagee or Eligible Insurer or Guarantor which remains unperformed for a period of sixty (60) days; (d) Any lapse, cancellation or material modification of an insurance policy or fidelity bond maintained by the Association; or (e) Any proposed action which would require the consent of Mortgagees of First Mortgages as specified in Section 8.6. Any failure by the Association to give such notice of default shall not in any event relieve the Owner of responsibility to cure the default or prevent the Association from enforcing the performance of the defaulted obligations by any of the procedures provided for in the Condominium Documents. Section 8.3 Notice of Condemnation or Destruction In the event of the total or substantial destruction of, or the commencement of eminent domain proceedings or other acquisition procedures by a condemning authority against the Development or any portion thereof, Mortgagees of First Mortgages shall be given timely written notice of such destruction or proceedings. Section 8.4 Limitation on Right of First Refusal The right of an Owner to sell, transfer or otherwise convey his Condominium shall not be subject to any right of first refusal or any similar restriction in favor of the Association. In the event there is permitted a right of first refusal in favor of any other Person, it shall not be based upon the race, color, religion, sex, sexual preference, marital status, national origin or ancestry of the vendee and it shall not impair the rights of a holder of a First Mortgage: the Mortgage; (a) to foreclose or take title to a Condominium pursuant to the remedies provided in (b) to accept a deed (or assignment) in lieu of foreclosure in the event of a default by the Mortgagor; or (c) to sell or lease a Condominium acquired by the Mortgagee. Section 8.5 Priority as to Proceeds and Awards Any language contained in this Declaration to the contrary notwithstanding, no Owner and no other party shall have priority over any rights of Mortgagees pursuant to their Mortgages in the case of a distribution to Owners of insurance proceeds or condemnation awards for losses to or taking of Units and /or the Common Area. Section 8.6 Consent by Mortgagees to Amendments Without the vote or prior written consent of sixty -seven percent (67 %) of the total voting power of the Association and the approval of a majority of the Mortgagees of First Mortgages (unless a higher percentage of voting power of Mortgagees 50 CCRS -One Marina. docx