DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
PAGE 53

ARTICLE XIII (cont.)

(b)  In addition to the required notice and consent of VA, FHA, Members and Declarant provided above, the Beneficiaries of fifty-one percent (51%) of the first Mortgages on all the Condominiums in the Project who have requested the Association to notify them of proposed action requiring the consent of a specified percentage of first Mortgagees must approve any amendment to th Declaration which is of a material nature, as follows:

(i)  Any amendment which affects or purports to affect the validity or priority of Mortgages or the rights or protection granted to Beneficiaries, insurers or guarantors of first Mortgages as provided in Articles V, IX, X, XI, XII and XIII hereof.

(ii)  Any amendment which would require a Mortgagee after it has acquired a Condominium through foreclosure to pay more than its proportionate share of any unpaid assessment or assessments accruing before such foreclosure.

(iii)  Any amendment which would or could result in a Mortgage being canceled by forfeiture, or in a Condominium not being separately assessed for tax purposes.

(iv)  Any amendment relating to (A) the insurance provisions in Article IX hereof, (B) the application of insurance proceeds in Article X hereof, or (C) the disposition of any money received in any taking under condemnation proceedings.

(v)  Any amendment which would or could result in partition or subdivision of a Condominium Unit in any manner inconsistent with this Declaration.

(vi)  Any amendment which would subject any Owner to a right of first refusal or other such restriction, if such Condominium is proposed to be transferred.

(vii)  Any amendment concerning:

(A)  Voting rights;

(B)  Rights to use the Common Property;

(C)  Reductions in reserves for maintenance, repair and replacement of the Common Property;

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