DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
PAGE 52
ARTICLE XII (cont.)
(k) (cont.)
secured by a bond or other arrangement acceptable to DRE prior to the first Close of Escrow in such Phase. All such Improvements shall be substantially consistent with the Improvements in Phase 1 in structure type and quality of construction. The requirements of the immediately preceding sentence are for the benefit only of and may be enforced only by FNMA.
(l) First Mortgagees may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against any Common Property and may pay any overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for Common Property, and the Association shall immediately reimburse first Mortgagees making such payments.
ARTICLE XIII
13. Duration and Amendment.
13.1. Duration.
This Declaration shall continue in full force unless a Declaration of Termination satisfying the requirements of an amendment to this Declaration as set forth in Section 13.2 is Recorded. No severance by sale, conveyance, encumbrance or hypothecation of an interest in any Unit from the concomitant Membership in the Association may occur as long as this Declaration continues in full force. The provisions of this Article are subject to the provisions of Sections 10.2 and 11.5 of this Declaration.
13.2. Termination and Amendment.
(a) Notice of the subject matter of a proposed amendment to this Declaration in reasonably detailed form must be included in. the notice of any Association meeting or election at which a proposed amendment is to be considered. To be effective, .51 proposed amendment must be adopted by the vote, in person or by proxy, or written consent of Members representing not less than (i) sixty-seven percent (67%) of the voting power of each Class of Members and (ii) sixty-seven percent (67%) of the Association's voting power residing in Members other than Declarant, provided that the specified percentage of the Association's voting power necessary to amend a specified Section or provision of this Declaration may not be less than the percentage of affirmative votes prescribed for action to be taken under that Section or provision. So long as there exists a Class B Membership, the prior approval of VA and FHA is required for any amendment of this Declaration for the purpose of (i) terminating the Declaration, (ii) dissolving the Association (except pursuant to a consolidation or merger), or (iii) conveyance of all of the Common Property. A draft of the proposed amendment must be submitted to VA and FHA for approval prior to its approval by the Membership.
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