TABLE OF CONTENTS

ARTICLE I - DEFINITIONS

ARTICLE II - PROPERTY SUBJECT TO THIS DECLARATION

 ARTICLE III - CAMINO GARDENS Association INC.

ARTICLE IV - LOT MAINTENANCE- ARCHITECTURAL COMMITTEE AND APPEARANCE COMMITTEE

ARTICLE V - COVENANT FOR ASSESSMENTS

1. Lien and Personal Obligation for Assessments.
2. Purpose of Assessments.
3. Date of Commencement of General Assessments; Due Dates.
4. Special Assessments.
5. Trust Funds.
6. Roster; Notice.
7. Subordination of Lien for Assessments to Institutional Lender.

ARTICLE VI - EASEMENTS

1. Utility Easements.
2. Prohibition Against Grants of Additional Easements.
3. Member Easements.
4. Easements Appurtenant.
5. Limited Public Easements and Dedications.

 ARTICLE VII - GENERAL RESTRICTIVE COVENANTS

1. Land Use.
2. Garages.
3. Vehicles.
4. Outside Storage of Personal Property.
5. Portable Buildings.
6. Garbage and Trash.
7. Pets.
8. Landscaping.
9. Maintenance.
10. Clotheslines and Outside Clothes Drying.
11. Local Ordinances.
12. Outside Antennas, Satellite Dishes and Signage.
13. Storage Tanks and Air Conditioning Units.
14. Oil and Mining Operations.
15. Fences and Walls.
16. Drainage.
17. Single-Story.
18. Visibility at Intersections.
19. Change in Buildings or Improvements.
20. Leasing.
21. Waiver.

ARTICLE VIII - ENFORCEMENT

1. Monetary Default and Collection of Assessments.
2. Non-Monetary Default.

 ARTICLE IX - TERM OF DECLARATION

1. Duration.
2. Relation Back.

ARTICLE X - AMENDMENTS

ARTICLE XI - GENERAL PROVISION

1. Effect of Original Declaration.
2. Conflict With Articles or Bylaws.
3. Authority of Association and Delegation.
4. Severability.

Exhibits

EXHIBIT "A" - Articles of Incorporation

EXHIBIT "B" - Bylaws

EXHIBIT "C" - Legal Description

COMPOSITE EXHIBIT "D" - Annexed Lands

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1. Lien and Personal Obligation for Assessments. Each Member and Lot Owner hereby covenants and reaffirms that each current Owner of any Lot and any subsequent Owner of any Lot, by acceptance of any deed or other instrument of conveyance, or by operation of law whether or not this covenant shall be so expressed in any such deed or other conveyance or by joinder herein, shall be deemed to covenant and agree to pay to the Association General and Special Assessments as provided in this Declaration, such Assessments to be fixed established and collected from time to time as hereinafter provided. The Assessment, together with interest thereon and cost of collection shall be a charge on the Lot and shall be a continuing lien upon the Lot against which such Assessment is made which shall bind such Lot in the hands of the Owner, his or her heirs, devisees, personal representatives, successors and assigns. The Assessment, together with interest thereon and the cost of collection, shall also be the personal obligation of the Owner(s) of such Lot at the time the Assessment fell due. Any individual who acquired title to a Lot upon the death of an owner or by operation law shall be personally liable for such unpaid Assessment, together with interest thereon and the cost of collection. In any voluntary conveyance the Grantee shall be jointly and severally liable with the Grantor for all unpaid Assessments levied prior to the time of such voluntary conveyance including interest thereon and the cost of collection without prejudice to the rights of the Grantee to recover from the Grantor any amount paid by the Grantee to the Association on account thereof. Except as otherwise provided, all Assessments shall be equally assessed against all Lots within Camino Gardens.

2. Purpose of Assessments. The General Assessments levied by the Association shall be used exclusively for the Common Expenses and to promote the health, safety, welfare and recreational opportunities of the Members of the Association and their families residing with them and their guests and tenants including, but not limited to: (a) expenses of administration, maintenance, repair or replacement of the Common Area- (b) taxes, utility charges, liability insurance, fire, windstorm and other casualty insurance and any other insurance; (c) reasonable reserves deemed necessary by the Board for other repair replacement or addition to the Common Area; (d) all general recurring and non-recurring expenses incurred in the operation of the Association; and (e) all other expenses incurred by the Association on behalf of the Members which are permitted or anticipated by this Declaration. By majority vote of the Board, the Board shall adopt an annual budget for the subsequent fiscal year which shall provide for allocation of expenses in such a manner that the obligations imposed by this Declaration shall be met.

3. Date of Commencement of General Assessments: Due Dates. General Assessments shall be for the fiscal year and shall be payable in advance in a single installment or may be assessed quarterly, monthly or on such other fiscal basis as determined by the Board in its discretion; provided that the Board shall fix the date of commencement and the amount of any General Assessment against each Lot at least thirty (30) days in advance of its due date.

4. Special Assessments. A Special Assessment may be levied against one (1) or more Lots for the following:

1. Charges for expenses of the Association which are not Common Expenses, but which are attributable to a specific Lot or Lots including, but not limited to those expenses designated as Special Assessments in Article VIII or elsewhere in this Declaration.
2. Reimbursement for damages caused by an Owner, their family members, guests, invitees or tenants.
3. Capital improvements relating to the Common Area.
4. Late charges or fines.
5. Any other charge which is not a Common Expense.
6. Any Common Expense, except reserves, which exceeds the amount budgeted or any emergency expense which exceeds the amount of any reserves or other Association funds.
7. Cost of corrective work conducted by the Association pursuant to the activities of the Architectural Committee or Appearance Committee.

The Board shall fix the amount and due date of any Special Assessment by resolution, which resolution shall also set forth the Lot or Lots subject to such Assessment.

5. Trust Funds. The portion of all annual Assessments collected by the Association as reserves for future expenses, budget surpluses and the entire amount of all Special Assessments collected for capital improvements shall be held by the Association in trust for the Owners of all Lots, as their interests may appear.

6. Roster: Notice. A roster of the Lots and Assessments applicable thereto shall be kept by the Secretary of the Association and shall be open to inspection by any Owner.

7. Subordination of Lien for Assessments to Institutional Lender. The lien of the Assessments provided for in this Article V shall be subordinate to the lien of any Institutional Lender holding a first mortgage and as more fully set forth in Article VIII, Section 1(e).

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ARTICLE VI - EASEMENTS

1. Utility Easements. An easement and right-of-way is hereby expressly reserved in and over a strip not over six (6’) feet in width along the side and/or rear line of all Lots wherever the same is designated "utility easement" on the Plats and is intended for the erection, construction and maintenance of poles and wires, the clearing of trees and pruning of branches or the construction and maintenance of conduits and all proper and necessary attachments for electric light, power, cable television and telephone services and for the construction and maintenance of storm water drains, land drains

public and private sewers, pipelines for supplying gas and water and for the construction and maintenance of any other public, quasi-public utility or private utility. The Association shall have the right to enter upon and to permit others to enter upon said reserved strips of land for any of the purposes for which said easements and rights-of-way are reserved.

2. Prohibition Against Grants of Additional Easements. No Owner of a Lot in Camino Gardens shall have the right to reserve or grant any easement or right-of-way in, upon or over any of the Lots without the prior written consent of the Association.

3. Members Easements. Each Member of the Association and each tenant, agent and invitee of such Member shall have a permanent, perpetual and non-exclusive easement for ingress and egress for pedestrian and vehicular traffic over and across the walkways, roads and paved areas on the Common Area for use in Common with all such Members, their tenants, agents and invitees. All portions of the Common Area not used for walkways and/or driveways shall be for the Common use and enjoyment of all Members of the Association, their tenants, agents and invitees and each Member shall have a permanent, perpetual and non-exclusive easement for pedestrian traffic across all such portions of such tracts and for the use of same in such manner as may be regulated by the Association pursuant to its rule making authority. The right of a Member to the use and enjoyment of the Common Area and facilities thereon shall extend to the Member’s immediate family who reside with the Member, subject to regulations from time to time adopted by the Association in its lawfully adopted and published Rules and Regulations. The foregoing easements are subject to the following:

1. The right and duty of the Association to levy Assessments against each Lot for the purpose of maintaining the Common Area and facilities in compliance with the provisions of this Declaration and with any restrictions set forth on the Plats or in any other recorded instrument affecting Camino Gardens.
2. The right of the Association to adopt and enforce Rules and Regulations governing the use of the Common Area and all facilities at any time situated thereon.
3. The right of the Association to dedicate or transfer all or any part of the Common Area for such purposes.

4. Easements Appurtenant. Easements provided in this Article VI shall be appurtenant to and shall pass with the fee simple title to each Lot.

5. Limited Public Easements and Dedications. Fire, police, health, sanitation and other public service personnel and vehicles shall have a permanent, perpetual and non-exclusive easement for ingress and egress over and across the Common Area in order to facilitate the provision of public services to the residents of Camino Gardens. Notwithstanding the foregoing, nothing contained in this Declaration or in the Original Declaration or indicated or expressed on the various Plats, shall constitute a dedication of any street, road, alley, right-of-way, park or other easement in favor of the general public by whatever name the same may be designated other than those dedications specifically and expressly appearing on the Plat or other dedication grant and then only to the extent that the dedication is expressly set forth on the Plat or other dedication grant, except as hereinafter provided, and title together with reversionary interests to all lands so shown, designated or described is expressly reserved to the Association and neither this Declaration, the Original Declaration nor any deed or declaration hereafter made by the Association conveying any of the lands in said subdivision shall be held to convey the title to, or to dedicate the bed of, or land covered by such street, road, alley, right-of-way, park or other easements by whatever name the same may be designated, except as it shall be so stated expressly in such deed, plat or declaration. Moreover and notwithstanding the recording of the various Plats, the Association reserves unto itself the following:

1. The reversionary interest in and to all lands dedicated by Plats or other declaration or grant.
2. The fee simple title to and all parcels or areas designated upon said Plat as "reserved".
3. The right to restrict the rights-of-way, if any, designated "private roads" and walkway on said Plats or any Common Area designated by the Original Declaration or this Declaration for use by the Members, their tenants, agents, invitees and the Member’s Immediate family residing in Camino Gardens.
4. The sole right to consent to, restrict access to or deny to the general public the use of any street, road, alley, right-of-way, park or other easement by whatever name the same may be designated for public street transportation purposes.

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ARTICLE VII - GENERAL RESTRICTIVE COVENANTS

1. Land Use. No Lot shall be used except for residential purposes. No manufacturing, trade, business, profession or selling which is not permitted by applicable zoning ordinances shall be permitted on any portion of any Lot or other lands subject to this Declaration, nor is any boarding or rooming house. Garage sales or similar public sales are prohibited unless prior written consent is obtained from the Board.

2. Garages. No garage shall be remodeled or permanently enclosed and no portion of a garage shall be converted into a use for living space. All vehicles permitted by Section 3 of this Article VII hereinbelow should be garaged at all times. All garage doors shall recoin closed when not in use. No open carports shall be permitted.

3. Vehicles. No trucks or commercial vehicles, campers, mobile homes, motor homes, boats, house trailers, boat trailers or trailers of every other description shall be permitted to be parked or stored at any place on any Lot, except as herein provided. It is the express intent of this provision that only passenger automobiles and other non-commercial motor vehicles registered as passenger vehicles and less than six (6’) feet in height and capable of being garaged at all times may be parked or stored within Camino Gardens. For purposes of this provision, vehicles Commonly designated as "sport utility vehicles" used solely as a passenger vehicle shall be deemed passenger automobiles and not trucks, provided they are less than six (6’) feet in height and neither registered for use for, nor used for, commercial purposes. In addition, pickup trucks (with or without caps) are hereby deemed to be trucks excluded from Camino Gardens and shall not be considered to be "sport utility" vehicles, regardless of whether such pick-up truck is registered and used solely for non-commercial purposes. No boats may be kept or stored on any Lot, other than boats moored at docks or suspended on davits along a seawall or canal. No repair work of vehicles shall be conducted on any Lot, except within garages. The foregoing restrictions shall not be deemed to prohibit the temporary parking of commercial vehicles while making delivery to or from or used in connection with construction or the provision of services to any Lot. All vehicles parked on any Lot must be in operating condition. No vehicle which is unlicensed, uninsured or which cannot operate under its own power shall remain within Camino Gardens for more than twenty-four (24) hours. All permitted vehicles must be equipped with appropriate noise muffling equipment so the operation of same does not create an unreasonable annoyance to the residents of Camino Gardens. Pursuant to its rule making authority, the Board may promulgate Rules and Regulations interpreting and applying the foregoing vehicle restrictions, including the imposition of a requirement that any Owner maintaining a sport utility vehicle make application for an approval to maintain the vehicle in Camino Gardens and register the vehicle with the Association and furnish specific information with regard to the vehicle including, but not limited to, its Vehicle Identification Number, registration, proof of insurance and the requirement that the owner of the vehicle sign a pledge confirming these limitations or other limitations set forth in the Rules and Regulations.

4. Outside Storage of Personal Property. Personal property of any Member or Owner shall be kept inside the residence, except for outside patio furniture and other personal property commonly kept outside.

5. Portable Buildings. No portable, storage, temporary or accessory buildings or structures or tents shall be erected, constructed or located upon any Lot for storage or otherwise, without the prior written consent of the Association and compliance with the Architectural Committee guidelines.

6. Garbage and Trash. Garbage, trash refuse, rubbish or recyclable materials that are required to be placed at the front of the Lot in order to be collected may be placed and kept at the front of the Lot only after 7:00 P.M. on the day before the scheduled day of collection and any trash facilities must be removed on the collection day. All garbage, trash, refuse, rubbish or recyclable materials must be placed in plastic, animal proof containers as required by the ordinances of the City of Boca Raton or Palm Beach County now or hereinafter enacted. No paper bags or other containers shall be used. All containers or garbage shall be stored either inside the residence or within a fenced or enclosed area of the Lot, screened from view and kept in a clean and sanitary condition. No noxious or offensive odors shall be permitted. No dumpster shall be placed upon any portion of a Lot for garbage, trash, refuse or rubbish or for any other purpose unless used in conjunction with the construction or repair of improvements on the Lot approved by the Architectural Committee or otherwise without the written approval of the Board.

7. Pets. No livestock, horses, poultry or other animals of any kind shall be raised, bred or kept within Camino Gardens, except that Common household and domestic pets may be kept within a residence of Camino Gardens or a fenced-in or otherwise enclosed area of the Lot, subject to such reasonable Rules and Regulations as may be adopted by the Board, provided that they are not kept, bred or maintained for any commercial purposes. For purposes of this Section, the definition of what constitutes a common household or domestic pet, other than dogs or cats, shall be at the sole discretion of the Board, which determination shall be final. Notwithstanding the foregoing, no more than four (4) domestic pets shall be maintained by an Owner. All pets must be carried or kept on a leash when outside of a residence or an enclosed area of a Lot. Members shall pick up and remove any solid animal waste deposited by the pet. The keeping of a household or domestic pet is not a right of a Member, but is a conditional license. This conditional license is subject to termination at any time by the Board upon a finding that a pet is vicious, is creating a nuisance or unreasonable disturbance, in the sole discretion of the Board, or is annoying to other residents or has in any way become a nuisance. The owner of a pet assumes liability for all damage to person or property caused by the pet or resulting from its presence in Camino Gardens. The Board may require any pet to be immediately and permanently removed from Camino Gardens due to any violation of this Section or Rules and Regulations interpreting or implementing this Section.

8. Landscaping. Each Lot Owner shall maintain all landscaping located on that Owner’s Lot in a neat, trim and tasteful condition and appearance in accordance with community standards and the Rules and Regulations and, as reasonably required, mowing, watering, trimming, fertilizing and weed, insect and disease control shall be performed by the Owner. No landscaped areas shall be paved or covered with gravel or any artificial surface without the prior written consent of the Architectural Committee. All dead and diseased sod, plants, shrubs or flowers shall be promptly replaced and excessive weeds, underbrush or unsightly growths shall be promptly removed. No artificial grass, plants or other artificial vegetation shall be placed or maintained upon any Lot other then within a residence. All Lots shall have fully operable irrigation systems. Nothing herein is intended to prohibit the use of xeriscape techniques.

9. Maintenance. Each Owner shall maintain his or her Lot and all improvements located upon the Lot, including any docks, seawalls and bulkheads in first class condition and repair and in a neat and attractive manner consistent with community standards and the Rules and Regulations, at all times. All service walks, driveways and parking areas located on a Lot shall be maintained by the Lot’s Owner and shall be kept clean and free of debris and cracked, damaged and/or eroded areas on same shall be promptly repaired, replaced and/or resurfaced by the Owner as necessary. Said area shall be repaired or replaced in accordance with the plans presented to and approved by the Architectural Committee. In addition to the foregoing, each roof surface must be clean and white in color.

10. Clotheslines and Outside Clothes Drying. No clothesline or clothes pole shall be erected and no outside clothes drying is permitted, except where such activity is advised or mandated by governmental authorities for energy conservation purposes or otherwise specifically approved in writing by the Architectural Committee or Board. Where outside clothes drying is either permitted by the Board or mandated by governmental authority, the Association shall have the right to approve the portions of any Lot used for outdoor clothes drying purposes and the types of devices to be employed in this regard and provided that all areas approved for clothes drying shall be screened from view from adjoining Lots, streets, roadways, Common Area and shall otherwise comply with all applicable state and local laws, ordinances, rules and regulations.

11. Nuisances and Compliance With Law and Local Ordinances. No nuisances shall be permitted within Camino Gardens and no use or practice which is an unreasonable source of annoyance to the residents in Camino Gardens or which shall interfere with the peaceful possession and proper use of the Common Area by its Members shall be permitted. In the event of any question as to what may be or become a nuisance, such question shall be submitted to the Board for a decision in writing, which decision shall be final. In addition to the foregoing, all ordinances of the City of Boca Raton, County of Palm Beach and laws of the State of Florida, including zoning ordinances, shall be complied with at all times by Owners of Lots in Camino Gardens.

12. Outside Antennas, Satellite Dishes and Signage.

1. No outside signal receiving or sending antennas, dishes or apparatus is permitted in Camino Gardens other than as approved in advance by the Architectural Committee.
2. No sign shall be placed upon any Lot or within or upon any residence in Camino Gardens which sign is visible from the exterior of such residence without the prior written consent of the Association, except for one (1) portable and tasteful "for sale" sign, not to exceed ten (10") inches by fourteen (14") inches in size temporarily placed inside one (1) front window. In addition, one (1) "open house sign may be posted in Camino Gardens. Any such open house sign shall be of a size and form prescribed by and obtained from the Association. The Association may charge a reasonable fee for providing such "open house" signs. Display of signs on parked vehicles is prohibited.

13. Storage Tanks and Air Conditioning Units. All tanks and bottle gas tanks shall either be kept underground or placed in fenced or enclosed areas or landscaped areas as approved by the Board or Architectural Committee, so that both shall be substantially concealed or hidden from view from any street or adjacent Lot. This condition may be imposed by the Board or Architectural Committee with respect to any exterior air conditioning unit.

14. Oil and Mining Operations. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted in Camino Gardens, nor shall oil wells, tanks, mineral excavations or shafts be permitted in Camino Gardens, no derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any portion of the land subject to this Declaration.

15. Fences and Walls. No fence, wall or other structure shall be erected in the front yard, back yard or side yard of any Lot, except as approved by the Architectural Committee.

16. Drainage. No excavation or change in any drainage pattern of any Lot shall be made which shall cause undo hardship to an adjoining Lot or adjoining property with respect to natural runoff of rain water.

17. Single-Story. Only single-story residences shall permitted in Camino Gardens.

18. Visibility at Intersections. No obstruction to visibility at street intersections shall be permitted.

l9. Change in Buildings or Improvements. No Owner shall make or permit any structural modification or alteration of any building or structural improvement constructed upon a Lot, except with the prior written consent of the Architectural Committee and such consent may be withheld if, in the sole discretion of the Architectural Committee or the Board, it appears that such structural modification or alteration is not in harmony or compatible with the appearance of homes in Camino Gardens. No building or other structural improvement shall be demolished or removed without the prior written consent of the Architectural Committee or the Hoard.

20. Leasing. No Lot may be leased or rented without the prior approval of the Board, which approval shall not be unreasonably withheld; provided, however, that no Owner of a Lot in Camino Gardens may lease a Lot until the expiration of eighteen (18} months from the date of acquisition of fee simple title. In addition, no Lot shall be leased more than one (1) time in any twelve (12) month period. Each lease of a Lot shall be for a minimum term of not less than three (3) months.

Any Owner wishing to lease a Lot shall first submit to the Board the proposed lease, which shall be in writing, and such other information as the Board may reasonably request in connection with the proposed Lease. Approval or disapproval shall be given to the Owner by the Board in writing within thirty (30) days from receipt of the lease and all requested information, provided that unless such written approval is sent within said thirty (30) day period, the lease shall be deemed to have been disapproved. The approval of a lease shall in no event release the Owner from any obligations or from the provisions of this Declaration and no lease that is approved may be modified, extended, renewed or assigned nor may any Lot be sublet to any other party, without the Board's prior written approval, which approval shall not be unreasonably withheld; provided that the approval of any sublease or assignment shall be subject to the same provisions set forth above governing the Board’s approval of leases. The Board shall have the right to require that a substantially uniform form of lease be used, and that an Owner or Tenant pay a registration and review fee not to exceed one-half (1/2) of the Annual Assessment attributable to the Owners’ Lot. All leases shall be subject in all respects to the provisions of this Declaration, the Articles, the Bylaws and the Rules and Regulations in effect from time to time and any failure by the tenant to comply with the foregoing shall be deemed to be a default under the lease and shall also be deemed to be a violation of a restrictive covenant by the Owner of the leased Lot. As a condition of its approval of a lease, extension, renewal or sublease, the Board may require that a lessee attend an orientation meeting and otherwise demonstrate familiarity with the terms of this Declaration, the Articles, the ByLaws and the Rules and Regulations. The breach of any of the terms of this Declaration, the Articles or the Bylaws, including the Rules and Regulations, by the Owner or tenant shall, at the option of the Board, terminate said lease. Such breach shall also be deemed to be a violation of a restrictive covenant by the Owner of a Lot and each Owner shall be liable to the Association for any breach by such tenant or other occupant of such leased Lot.

21. Waiver. The Association shall have the right to waive the application of one or more of these restrictions or to permit a deviation from these restrictions as to any Lot where, in the reasonable discretion of the Board, circumstances or undue hardships exist which justify such waiver or deviation. In the event of any such waiver or permitted deviation or in the event any party fails to enforce any violation of these restrictions, such actions or inactions shall not be deemed to prohibit or restrict the right of the Association or any other person having a right to enforce these restrictions from insisting upon strict compliance with respect to all other Lots, nor shall any such action be deemed a waiver of any of the restrictions contained herein as same may be applied in the future.

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ARTICLE VlII - ENFORCEMENT

1. Monetary Default and Collection of Assessments.

1. Late Fees and Interest. If any Assessment is not paid within ten (10) days after the date due, the Association shall have the right to charge the defaulting Owner a late fee of ten (10%) percent of the amount of the Assessment or ten ($10.00) dollars whichever is greater, plus interest at the then highest rate of interest permitted by Florida law from the due date until the date paid. If there is no due date applicable to any particular Assessment, then the Assessment shall be due ten (10) days after written demand by the Association.
2. Acceleration of Assessments. In the event the Association elects to levy General Assessments or any Special Assessment in installments more frequently than annually, if any Owner is in default in the payment of an Assessment owed to the Association for more than thirty (30) days after written demand by the Association, the Association upon written notice to the defaulting Owner may accelerate and require such defaulting Owner to pay Assessments to the Association for the next twelve (12) month period, based upon the then existing amount and frequency of Assessments. In the event of such acceleration, the defaulting Owner shall continue to be liable for any increase in the General Assessments, for all Special Assessments and for all other Assessments payable to the Association.
3. Lien for Assessments. The Association has a lien on each Lot for unpaid Assessments owed to the Association by the Owner of such Lot and for late fees and interest and for reasonable attorney fees incurred by the Association incident to the collection of the Assessment or enforcement of the lien and all sums advanced and paid by the Association for taxes and payment on the account of superior mortgages, liens or encumbrances in order to preserve and protect the Association’s lien. A lien is effective from and after recording a Claim of Lien in the Public Records of Palm Beach County, Florida, stating the legal description of the Lot, the name of the record Owner and the amount due as of the recording of the Claim of Lien. The recorded Claim of Lien shall secure all sums set forth in the Claim of Lien, together with all Assessments or other monies owed to the Association by the Owner until the lien is satisfied. The lien is in effect until all sums secured by it have been fully paid or until the lien is barred by law. The Claim of Lien must be signed and acknowledged by an officer or agent of the Association. Upon payment in full of all sums secured by the lien, the person making the payment is entitled to a Satisfaction of the Lien in recordable form.
4. Collection and Foreclosure. The Association may bring an action in its name to foreclose the lien for Assessments in the manner of a mortgage of real property is foreclosed and may also bring an action to recover a money judgment for the unpaid Assessment without waiving the right to file and enforce a Claim of Lien and the Owner shall be liable to the Association for all costs and expenses incurred by the Association in connection with the collection of any unpaid Assessments and the filing, enforcement and/or foreclosure of the Association’s lien, including reasonable attorney fees and all sums paid by the Association for taxes and on account of any mortgage, lien or encumbrance in order to preserve and protect the Association’s lien. The Board is authorized to settle and compromise the Associations lien if the Board deems a settlement or compromise to be in the best interest of the Association.
5. Subordination of Lien to Institutional Lender. The lien of the Assessments provided for in this Declaration shall be subordinate to the lien of any Institutional Lender holding a first mortgage recorded prior to the recordation of a Claim of Lien for unpaid Assessments. A mortgagee in possession, a receiver, a purchaser at a foreclosure sale or a mortgagee that has acquired title by deed in lieu of foreclosure or all persons claiming by, through or under such purchaser or mortgagee, shall hold title subject to the liability and lien of any Assessment becoming due after such foreclosure or conveyance in lieu of foreclosure and such Assessments as are secured by a Claim of Lien for Assessments that is recorded prior to the recording of such mortgage. Any unpaid Assessment which cannot be collected as a lien against any Lot by reasons of the provisions of this Section shall be deemed to be an Assessment divided equally among, payable by and assessed against all Lots as a Common Expense, including the Lot as to which the foreclosure (or conveyance in lieu of foreclosure) took place.
6. Unpaid Assessments: Certificate. Within ten (10) days after written request by any Owner or any Institutional Lender holding or making a first mortgage encumbering any Lot, the Association shall provide the Owner or Institutional Lender a written certificate stating whether the Owner of the Lot is in default with respect to the payment of Assessments and any person or entity who relies on this certificate in purchasing or in making a first mortgage encumbering any Lot shall be protected thereby.
7. Application of Payment. Any payments made to the Association by any Owner shall first be applied towards any sums advanced and paid by the Association for taxes and payment on account of superior mortgages, liens or encumbrances which may have been paid by the Association in order to preserve and protect its lien; next towards reasonable attorney fees incurred by the Association incidental to the collection of Assessments and other monies owed to the Association by the Owner and/or to the enforcement of the lien; next towards interest on any Assessments or other monies due to the Association as provided herein; and next towards any unpaid Assessments owed to the Association in the inverse order that such Assessments were due.