MASTER DEED
CREATING AND ESTABLISHING
THE ATLANTIC PALACE
A CONDOMINIUM
Prepared by:
H.B. Munn, Jr.
Vice President, Development
U. S. Capital Corporation
MASTER DEED
THE ATLANTIC PALACE, A CONDOMINIUM
ARTICLE XV
Provisions for the Benefit of Institutional Mortgage Lenders
Notwithstanding anything to the contrary in the Condominium Documents,
the following provisions shall apply to each Institutional Mortgage
Lender holding a first mortgage on any condominium unit:
- Any Institutional Mortgage Lender holding a first mortgage on a Unit
in the Condominium may upon request:
(i) Inspect the books and record of the Condominium during normal
business hours;
(ii) Receive an annual financial statement of the Condominium; and
(iii) Receive written notice of all meeting of the Association and
be permitted to designate a representative to attend the meetings.
- The Institutional Mortgage lender holding a first mortgage on a Unit,
in the event of substantial damage to or destruction of any Unit or
any part of the Common Elements, is entitled to timely written notice
of any such damage or destruction, No Unit Owner or other party shall
have priority over such Institutional Mortgage lender with respect to
the distribution to such Unit of any insurance proceeds.
- The Institutional Mortgage lender holding a first mortgage on a Unit,
in the event any Unit or the Common Elements is the subject matter of
any condemnation or eminent domain proceedings, is entitled to timely
written notice of any such proceeding. No Unit Owner or other party
shall have the priority over such Institutional Mortgage lender with
respect to the distribution to such Unit of the proceeds of any award
or settlement.
- If an Institutional Mortgage Lender holding a first mortgage on a
Unit obtains title to the Unit as a result of foreclosure of the first
mortgage, then such Institutional Mortgage lender, his successors and
assigns, it not liable for the share of Common Expenses or other assessments
by the Association pertaining to such Unit prior to the acquisition
of title as a result of the foreclosure. Such unpaid share of Common
Expenses or other assessments shall be deemed to be Common Expenses
collectible from all the remaining Unit Owners including such acquirer,
its successors and assigns.
- Without the prior written consent of each Institutional Mortgage
Lender holding a first mortgage on any Unit, no Unit Owner shall have
the right to bring any action for partition, nor shall any Unit Owner
have the right to subdivide any Unit.
- Without the prior written consent of each Institutional Mortgage Lender
holding a first mortgage on any unit, no Unit Owner may change the percentage
interest in Common Elements.
- Any lien the Association may have on any Unit in the Condominium for
the payment of Common Expense assessments attributable to such Unit
is subordinate to the lien or equivalent security interest of any first
mortgage on the Unit recorded prior to the date of any such Common Expense
assessments become due.
For the purposes of this article, an Institutional
Mortgage Lender holding a construction mortgage on the Condominium Property
shall be considered as holding a first mortgage on a Unit.
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