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than 50%) of the votes of the First Mortgagees (based upon one vote for each Lot encumbered by a First Mortgage) must be obtained to add or amend any provisions of this Declaration, the Articles, or Bylaws of the Association, which establish, provide for, govern, or regulate any of the following: (i) voting; (ii) Assessments or Assessment liens; (iii) any provisions which are for the express benefit of First Mortgagees; or (iv) any action to terminate this Declaration. Nothing contained in this Section 6.2 may operate to (a) deny or delegate control over the general administrative affairs of the Association by the owners or the Board; or (b) prevent the Association or the Board commencing, intervening in, or settling any solicitation or proceeding; or (C) prevent any insurance trustee or the Association from receiving and distributing any insurance proceeds pursuant to C.R.S. § 38-33.3-313.
6.3 Expenses: All expenses associated with preparing and recording an amendment to this Declaration shall be the sole responsibility of the Association; provided, however, that if the particular amendment is required as a result of the Declarant's exercise of its special Declarant Rights, then all such expenses shall be the sole responsibility of the Declarant.
7.1 Term: This Declaration, including all of the covenants, conditions and restrictions contained herein, shall run with and bind the Property up to and including the 25th anniversary of the date of Recording of this Declaration, unless amended as herein provided. After such 25th anniversary, this Declaration, including all covenants, conditions and restrictions contained herein shall be automatically extended for successive periods of ten years each, unless amended and extinguished by a written instrument approved by the members to whom at least 90% of the votes in the Association are allocated and recorded in the Records.
7.2 Notices: Any notice permitted or required to be given by the Declaration shall be in writing and may be delivered personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered on the third day (other than a Sunday or a legal holiday) after a copy of such notice has been deposited in the United States mail, postage prepaid, addressed to the Person at the address given by such Person to the Association for the purposes of service of notices, or to the residence of such Person if no address has been given to the Association. Such address may be changed from time to time by notice given by such Person to the Association.
7.3 Severability: In the event that any portion of this Declaration shall become illegal, null or void or against public policy, for any reason, or shall be held by any court of competent jurisdiction to be illegal, null or void or against public policy, the remaining portions of this Declaration shall not be affected thereby and shall remain in force and effect to the fullest extent permissible by law.
7.4 Condemnation
7.4.1 In the event proceedings are initiated by any government or agency thereof, seeking to take by eminent domain the Common Area, any part thereof or any interest therein, with a value (including loss of value to the balance of the Common Area and improvements thereof), as reasonably determined by the Association in excess of Ten Thousand Dollars ($10,000), the Association shall give prompt notice thereof, including a description of the part of or interest in the Common Area or improvement thereon sought to be so condemned, to all First Mortgagees, all Members, and to the Declarant. The Association shall have full power and authority to defend in said proceedings, and to represent the owners in any negotiations, settlements, and agreements with (continued next page)
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