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6. 1. F. - Page 38 prior thereto and except for the lien of any Mortgage recorded prior to the date any such Assessment became due. Such Assessment lien shall be in favor of the Association and shall be for the benefit of all Owners. If the delinquent Assessment or installment and related charges are paid or otherwise satisfied, the Association shall send to the Owner a "Notice of Satisfaction and Release of Lien" and shall record same in the Official Records of the San Mateo County. Section 4.16 Enforcement of Lien of Assessment After the expiration of thirty (30) days following the recording of the lien of any Assessment established pursuant to Section 4.15, and subject to the meet and confer and other procedural requirements in Civil Code Sections 1367.l(c) and 1367.4(c), as applicable, the Board may enforce the lien by filing an action for judicial foreclosure or, if the Notice of Delinquent Assessment contains the name and address of the trustee authorized by the Association to enforce the lien by nonjudicial foreclosure, by recording a 'Notice of Default" in the form described in Civil Code Section 2924c(b)(1) to commence nonjudicial foreclosure. Such nonjudicial foreclosure is to be conducted in accordance with the requirements of Sections 2924 -2924h of the California Civil Code applicable to the exercise of nonjudicial foreclosures of mortgages or deeds of trust. The sale shall be conducted by the trustee named in the Notice of Delinquent Assessment or by a trustee substituted in accordance with the provisions of California Civil Code Section 2934a. The Association, acting on behalf of the Owners, shall have the power to bid for the Condominium at a foreclosure or trustee's sale and to acquire, hold, mortgage and convey the same. If the default is cured before the sale, or before completing a judicial foreclosure, including payment of all costs and expenses incurred by the Association, the Association shall record a Notice of Satisfaction and Release of Lien and, upon receipt of a written request by the Owner, a 'Notice of Rescission of the Declaration of Default and Demand for Sale." The provisions in Section 4.13 through 4.16 above are intended to comply with the requirements of Civil Code Sections 1367.1 and 1367.4 in effect as of the date of this Declaration. If said Civil Code sections are amended or rescinded in any manner the provisions of Sections 4.13 through 4.16 above shall automatically be amended or rescinded in the same manner. The Board should confirm the current statutory requirements under these Civil Code Sections. Section 4.17 Enforcement of Assessment by Suit The Association may, in its own name, commence and maintain a suit at law against any Owner or Owners personally obligated to pay Assessments for such delinquent Assessments as to which they are personally obligated. Any judgment rendered in any such action shall include the amount of the delinquent Assessments, together with processing fees, interest thereon, costs of collection, court costs and reasonable attorney's fees in such amount as the court may determine with respect to such delinquent Owner. Suit to recover judgment for unpaid Assessments shall be maintained without foreclosing or waiving any lien for such Assessments created pursuant to this Declaration. In any action instituted by the Association to collect delinquent Assessments, accompanying late charges and /or interest, the prevailing party shall be entitled to recover costs and reasonable attorney's fees. Section 4.18 Suspension for Non - Payment of Assessment The Board may suspend the voting rights and right to use the Common Area of a Member who is in default in the payment of any Assessment after notice to such Member and an opportunity for a hearing before the Board which satisfies the minimum requirements of Section 7341 of the Corporations Code and as provided in the Bylaws. Section 4.19 Unallocated Taxes In the event that any taxes are assessed against the Common Area, or any portion thereof, the personal property of the Association or the Development as a whole, rather than against the Condominiums, said taxes shall be included in the Assessments made under the provisions of Section 4.1, and, if necessary, a Special Assessment may be levied against the 28 CCRS -One Marina. docx