NOTICE TO THE FOUNDATION Sample Clauses

NOTICE TO THE FOUNDATION. IN THE EVENT OF A PROPOSED SALE OF A LOT BY AN OWNER, AND EXCLUDING ANY SALE OR TRANSFER PURSUANT TO A DECREE OF FORECLOSURE OR PURSUANT TO ANY PROCEEDING IN LIEU OF FORECLOSURE, THE OWNER SHALL PROMPTLY NOTIFY THE FOUNDATION IN WRITING OF THE PROPOSED SALE WITHIN FIVE (5) DAYS AFTER EXECUTING A PURCHASE AND SALE AGREEMENT AND SHALL PROVIDE (I) THE NAME AND ADDRESS OF THE PROPOSED PURCHASER, (II) THE ESTIMATED CLOSING DATE FOR THE TRANSACTION AND (III) A FULLY COMPLETED AND EXECUTED APPLICATION FOR MEMBERSHIP IN THE FOUNDATION ("“NOTICE"”). SAID APPLICATION MAY INCLUDE CONSENTS TO FOUNDATION’S PERFORMANCE OF BOTH A CREDIT CHECK AND BACKGROUND CHECK ON THE APPLICANT, TO WHICH THE APPLICANT SHALL CONSENT. THE FOUNDATION SHALL FURNISH TO THE OWNER AND THE PROPOSED PURCHASER A CERTIFICATE IN WRITING SETTING FORTH WHETHER THE ASSESSMENTS HAVE BEEN PAID (THE "“CERTIFICATE"”). IN ADDITION, THE FOUNDATION SHALL FURNISH TO THE PROPOSED PURCHASER A COPY OF THE DECLARATION AND AMENDMENTS. AS A CONDITION TO THE ISSUANCE OF THE AFOREMENTIONED CERTIFICATE AND PROVIDING THE FOUNDING DOCUMENTS, THE FOUNDATION SHALL BE ENTITLED TO CHARGE AND COLLECT A FEE FROM THE OWNER FOR PROCESSING ANY PROPOSED SALE OR TRANSFER OF A LOT AND SUCH FEE SHALL BE IN AN AMOUNT ESTABLISHED BY THE BOARD FROM TIME TO TIME IN ITS SOLE DISCRETION, SUBJECT TO ANY LIMITATION PROVIDED BY FLORIDA LAWAPPLICABLE LAWS. IN THE EVENT THAT THERE ARE UNPAID ASSESSMENTS OWED BY THE OWNER, THE FOUNDATION SHALL BE ENTITLED TO EXERCISE ALL RIGHTS AND REMEDIES AVAILABLE TO IT FOR COLLECTION OF THE ASSESSMENTS AS SET FORTH IN THIS DECLARATION. THE OWNER'S FAILURE TO PAY ALL UNPAID ASSESSMENTS, AND ACCRUED INTEREST THEREON, IF ANY, BEFORE THE CLOSING OF THE SALE OF A LOT MAY RESULT IN THE SUSPENSION OF CERTAIN RIGHTS AND PRIVILEGES PROVIDED TO THE NEW OWNER TO THE EXTENT PERMITTED BY APPLICABLE LAWLAWS. THE FOUNDATION MAY DELEGATE ITS OBLIGATION TO FURNISH SUCH CERTIFICATE AND ITS RIGHT TO COLLECT THE FEE FOR PROVIDING SUCH SERVICE TO A MANAGEMENT COMPANY HIRED BY THE FOUNDATION.
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