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6.1. B. - Page 98 <br />A. Amendments: <br />(1) Amendments of a material adverse nature to First Lenders require the <br />approval of at least fifty -one percent (51 %) of First Lenders (based on one (1) vote for each First <br />Mortgage owned); <br />(2) any action to terminate the legal status of the Project, or to use <br />insurance proceeds for any purpose other than to rebuild, requires approval of at least fifty -one <br />percent (51 %) of First Lenders (based on one (1) vote for each First Mortgage owned); and, <br />(3) Implied approval may be assumed when a Mortgagee fails to submit a <br />response to any written proposal for an amendment within sixty (60) days after the Mortgagee <br />actually receives proper notice of the proposal, provided the notice was delivered by certified or <br />registered mail, with a "return receipt' requested. <br />B. Notice of Action: Upon written request to the Association, identifying the <br />name and address of the Eligible Mortgage Holder or Eligible Insurer or Guarantor, and the <br />Condominium number or address, such Eligible Mortgage Holder or Eligible Insurer or Guarantor will <br />be entitled to timely written notice of: <br />(1) Any condemnation loss or any casualty loss that affects either a material <br />portion of the Project or any Condominium on which there is a First Mortgage held, insured, or <br />guaranteed by such Eligible Mortgage Holder or Eligible Insurer or Guarantor, as applicable; <br />(2) any default in performance of obligations under the Governing <br />Documents or delinquency in the payment of Assessments or charges owed by an Owner of a <br />Condominium subject to a First Mortgage held, insured or guaranteed by such Eligible Mortgage <br />Holder or Eligible Insurer or Guarantor, which remains uncured for a period of sixty (60) days; <br />(3) any lapse, cancellation or material modification of any insurance policy <br />or fidelity bond maintained by the Association; and, <br />(4) any proposed action which would require the consent of a specified <br />percentage of Eligible Mortgage Holders. <br />The Association shall discharge its obligation to notify Eligible Mortgage Holders or Eligible <br />Insurers or Guarantors by sending written notices required by this Declaration to such parties, atthe <br />address given on the current request for notice, in the manner prescribed by Section 10.10. <br />C. Reserves: The Association shall establish and maintain a Reserve Fund for <br />replacements and a general operating reserve sufficient in amount to satisfy the minimum amounts <br />necessary to comply with the requirements of FNMA, FHLMC, and FHA. <br />D. First Lenders Rights Confirmed: Any First Lender who comes into <br />possession of the Condominium by virtue of Foreclosure of the Mortgage, or any purchaser at a <br />Foreclosure, will take the Condominium free of any claims for unpaid Assessments and fees, late <br />charges, fines or interest levied in connection with such claims, against the Condominium which <br />accrue more than six (6) months prior to the time such First Lender or purchaser at a Foreclosure <br />takes title to the Condominium, except for fees or costs related to the collection of the unpaid <br />Assessments, claims for a pro rata share of such Assessments or charges to all Condominiums <br />54 <br />03/06/12 <br />TAWPWINOPROJECTS1333 MAIN STREET\DEC - DRAFTING FORM17][03 06 12].doc <br />