Section 2. Lien. In order to provide for the proper operation and payment of operational and administrative costs of the Community Organization and to allow the Community Organization to fulfill any and all of its maintenance and improvement obligations, including, but not limited to operation, repair and maintenance of street lights and performance of landscaping obligations, each grantee and vendee of the Lots, their heirs, successors and assigns shall and do, by the act of accepting a deed of a Lot or entering into a contract of sale of a Lot as vendee, jointly and severally, agree that they and each of them shall be members of the Community Organization and shall pay to the Community Organization the assessments, dues and charges levied according to the Articles of Incorporation and Bylaws of the Community Organization against them as members of the Community Organization. All assessments, together with interest (computed from its due date at a rate of 12% per annum or such higher rate as the board of directors may establish, subject to the limitations of Washington law), late charges as determined by resolution of the board of directors, costs and reasonable attorneys' fees, including those for collection, shall be the personal obligation of each Owner and a lien upon each Lot until paid in full. Upon a transfer of title to a Lot, the grantee shall be jointly and severally liable for any assessments and other charges due at the time of conveyance. Such lien shall be superior to all other liens, except (a) the liens of all taxes, bonds, assessments and other levies which by law would be superior and (b) the lien or charge of any recorded first mortgage or deed of trust (meaning any recorded mortgage or deed of trust with first priority over other mortgages or deeds of trust) made in good faith and for value. Such lien, when delinquent, may be enforced by suit, judgment and judicial or nonjudicial foreclosure. Notwithstanding any provisions hereof appearing to the contrary, the sale or transfer of title to a Lot pursuant to a mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien created hereby for any unpaid assessments, dues and charges which became due prior to such sale or transfer; provided that no sale or transfer shall relieve such Lot from a lien for dues and charges thereafter becoming due. Such unpaid assessments, dues and charges shall be deemed costs collectible from Owners of all Lots subject to assessment under this provision.

 

Section 3. Duties of the Community Organization. Consistent with Note 5 on the Plat, any landscaping within the public right of way adjacent to each Lot shall be maintained by the Community Organization. Furthermore, to the extent required, the Community Organization will maintain the public ten-foot trail easement area located on Lot 7.