Common use of Acceptance and Approval of Assessments and Lien on Property Clause in Contracts

Acceptance and Approval of Assessments and Lien on Property. (a) Landowner accepts each Assessment levied on the Landowner’s Parcel owned by such Landowner. (b) The Assessment (including any reassessment, the expense of collection, and reasonable attorney’s fees, if incurred) is (a) a first and prior lien (the “Assessment Lien”) against the property assessed, superior to all other liens or claims except for liens or claims for state, county, school district or municipality ad valorem property taxes whether now or hereafter payable, and (b) a personal liability of and charge against the owners of the property to the extent of their ownership regardless of whether the owners are named. The Assessment Lien is effective from the date of the Assessment Ordinance until the Assessments are paid and may be enforced by the City in the same manner as an ad valorem property tax levied against real property that may be enforced by the City. The owner of any assessed property may pay, at any time, the entire Assessment levied against any such property. Foreclosure of an ad valorem property tax lien on property within Phase #3 of the District will not extinguish the Assessment or any unpaid but not yet due Annual Installments of the Assessment, and will not accelerate the due date for any unpaid and not yet due Annual Installments of the Assessment. It is the clear intention of all parties to this Declarations, that the Assessments, including any Annual Installments of the Assessments (as such Annual Installments may be adjusted, decreased or extended), are covenants that run with the Landowner’s Parcel and specifically binds the Landowner, its successors and assigns. In the event of delinquency in the payment of any Annual Installment of the Assessment, the City is empowered to order institution of an action in district court to foreclose the related Assessment Lien, to enforce personal liability against the owner of the real property for the Assessment, or both. In such action the real property subject to the delinquent Assessment may be sold at judicial foreclosure sale for the amount of such delinquent property taxes and Assessment, plus penalties, interest and costs of collection.

Acceptance and Approval of Assessments and Lien on Property. (a) Landowner accepts each Assessment levied on the Landowner’s 's Parcel owned by such Landowner. (b) The Assessment (including any reassessment, the expense of collection, and reasonable attorney’s 's fees, if incurred) is (a) a first and prior lien (the “"Assessment Lien”") against the property assessed, superior to all other liens or claims except for liens or claims for state, county, school district or municipality ad valorem property taxes whether now or hereafter payable, and (b) a personal liability of and charge against the owners of the property to the extent of their ownership regardless of whether the owners are named. The Assessment Lien is effective from the date of the Assessment Ordinance until the Assessments are paid and may be enforced by the City in the same manner as an ad valorem property tax levied against real property that may be enforced by the City. The owner of any assessed property may pay, at any time, the entire Assessment levied against any such property. Foreclosure of an ad valorem property tax lien on property within Phase #3 of the District will not extinguish the Assessment or any unpaid but not yet due Annual Installments annual installments of the Assessment, and will not accelerate the due date for any unpaid and not yet due Annual Installments annual installments of the Assessment. It is the clear intention of all parties to this Declarationsthese Declarations of Covenants, Conditions and Restrictions, that the Assessments, including any Annual Installments annual installments of the Assessments (as such Annual Installments annual installments may be adjusted, decreased or extended), are covenants that run with the Landowner’s 's Parcel and specifically binds the Landowner, its successors and assigns. In the event of delinquency in the payment of any Annual Installment annual installment of the Assessment, the City is empowered to order institution of an action in district court to foreclose the related Assessment Lien, to enforce personal liability against the owner of the real property for the Assessment, or both. In such action the real property subject to the delinquent Assessment may be sold at judicial foreclosure sale for the amount of such delinquent property taxes and Assessment, plus penalties, interest and costs of collection.

Acceptance and Approval of Assessments and Lien on Property. Landowner consents to, agrees to, acknowledges and accepts the following: (ai) Landowner accepts each Assessment levied on the Landowner’s 's Parcel within the District, as shown on the assessment roll attached as Appendix A to the Service and Assessment Plan (the "Assessment Roll"); (ii) the Phases 5, 6 and 7 Improvements specially benefit the District, and the Landowner's Parcel, in an amount in excess of the Assessment levied on the Landowner's Parcel within the District, as such Assessment is shown on the Assessment Roll; (iii) each Assessment is final, conclusive and binding upon Landowner and any subsequent owner of the Landowner's Parcel, regardless of whether such landowner may be required to prepay a portion of, or the entirety of, such Assessment upon the occurrence of a Mandatory Prepayment Event (as defined herein); (iv) the obligation to pay the Assessment levied on the Landowner's Parcel owned by such Landowner.it when due and in the amount required by and stated in the Service and Assessment Plan and the Assessment Ordinance; (bv) The each Assessment (including any or reassessment, with interest, the expense of collection, and reasonable attorney’s 's fees, if incurred) , is (a) a first and prior lien (the “Assessment Lien”) against the property assessedLandowner's Parcel, superior to all other liens or and monetary claims except for liens or monetary claims for state, county, school district district, or municipality municipal ad valorem property taxes whether now or hereafter payabletaxes, and (b) is a personal liability of and charge against the owners owner of the property to the extent of their ownership Landowner's Parcel regardless of whether such owner is named; (vi) the owners are named. The Assessment Lien lien on the Landowner's Parcel is a lien and covenant that runs with the land and is effective from the date of the Assessment Ordinance and continues until the Assessments are Assessment is paid and may be enforced by the governing body of the City in the same manner as that an ad valorem property tax levied lien against real property that may be enforced by the City. The ; (vii) delinquent installments of the Assessment shall incur and accrue interest, penalties, and attorney's fees as provided in the PID Act; (viii) the owner of any assessed property a Landowner's Parcel may pay, pay at any time, time the entire Assessment levied against any such property. Foreclosure of an ad valorem property tax lien Assessment, with interest that has accrued on property within Phase #3 of the District will not extinguish the Assessment or any unpaid but not yet due Annual Installments of the Assessment, and will not accelerate on any parcel in the due date for any unpaid and not yet due Annual Installments of Landowner's Parcel; (ix) the Assessment. It is the clear intention of all parties to this Declarations, that the Assessments, including any Annual Installments of the Assessments (as such Annual Installments may be adjusted, decreased or and extended), are covenants that run with and the Landowner’s Parcel and specifically binds the Landowner, its successors and assigns. In the event of delinquency in the payment of any Annual Installment assessed parties shall be obligated to pay their respective revised amounts of the Assessmentannual installments, when due, and without the necessity of further action, assessments or reassessments by the City, the City is empowered to order institution of an action in district court to foreclose the related Assessment Lien, to enforce personal liability against the owner of the real property for the Assessmentsame as though they were expressly set forth herein; and (x) Landowner has received, or both. In such action hereby waives, all notices required to be provided to it under State law, including the real property subject PID Act, prior to the delinquent Assessment may be sold at judicial foreclosure sale for the amount of such delinquent property taxes and Assessment, plus penalties, interest and costs of collectionEffective Date (defined herein).

Acceptance and Approval of Assessments and Lien on Property. (a) Landowner accepts each Assessment levied on the Landowner’s Parcel owned by such Landowner. (b) The Assessment (including any reassessment, the expense of collection, and reasonable attorney’s fees, if incurred) is (a) a first and prior lien (the “Assessment Lien”) against the property assessed, superior to all other liens or claims except for liens or claims for state, county, school district or municipality ad valorem property taxes whether now or hereafter payable, and (b) a personal liability of and charge against the owners of the property to the extent of their ownership regardless of whether the owners are named. The Assessment Lien is effective from the date of the Assessment Ordinance until the Assessments are paid and may be enforced by the City in the same manner as an ad valorem property tax levied against real property that may be enforced by the City. The owner of any assessed property may pay, at any time, all or any portion of the entire Assessment levied against any such property. Foreclosure of an ad valorem property tax lien on property within Phase #3 of the District will not extinguish the Assessment or any unpaid but not yet due Annual Installments annual installments of the Assessment, and will not accelerate the due date for any unpaid and not yet due Annual Installments annual installments of the Assessment. It is the clear intention of all parties to this Declarationsthese Declarations of Covenants, Conditions and Restrictions, that the Assessments, including any Annual Installments annual installments of the Assessments (as such Annual Installments annual installments may be adjusted, decreased or extended), are covenants that run with the Landowner’s Parcel and specifically binds the Landowner, its successors and assigns. In the event of delinquency in the payment of any Annual Installment annual installment of the Assessment, the City is empowered to order institution of an action in district court to foreclose the related Assessment Lien, to enforce personal liability against the owner of the real property for the Assessment, or both. In such action the real property subject to the delinquent Assessment may be sold at judicial foreclosure sale for the amount of such delinquent property taxes and Assessment, plus penalties, interest and costs of collection.

Acceptance and Approval of Assessments and Lien on Property. (a) Landowner accepts each Assessment levied on the Landowner’s Parcel owned by such Landowner. (b) The Assessment (including any reassessment, the expense of collection, and reasonable attorney’s fees, if incurred) is (a) a first and prior lien (the “Assessment Lien”) against the property assessed, superior to all other liens or claims except for liens or claims for state, county, school district or municipality ad valorem property taxes whether now or hereafter payable, and (b) a personal liability of and charge against the owners of the property to the extent of their ownership regardless of whether the owners are named. The Assessment Lien is effective from the date of the Assessment Ordinance until the Assessments are paid and may be enforced by the City in the same manner as an ad valorem property tax levied against real property that may be enforced by the City. The owner of any assessed property may pay, at any time, the entire Assessment levied against any such property. Foreclosure of an ad valorem property tax lien on property within Phase #3 of the District will not extinguish the Assessment or any unpaid but not yet due Annual Installments annual installments of the Assessment, and will not accelerate the due date for any unpaid and not yet due Annual Installments annual installments of the Assessment. It is the clear intention of all parties to this Declarationsthese Declarations of Covenants, Conditions and Restrictions, that the Assessments, including any Annual Installments annual installments of the Assessments (as such Annual Installments annual installments may be adjusted, decreased or extended), are covenants that run with the Landowner’s Parcel and specifically binds the Landowner, its successors and assigns. In the event of delinquency in the payment of any Annual Installment annual installment of the Assessment, the City is empowered to order institution of an action in district court to foreclose the related Assessment Lien, to enforce personal liability against the owner of the real property for the Assessment, or both. In such action the real property subject to the delinquent Assessment may be sold at judicial foreclosure sale for the amount of such delinquent property taxes and Assessment, plus penalties, interest and costs of collection.

Acceptance and Approval of Assessments and Lien on Property. Xxxxxxxxx consents to, agrees to, acknowledges and accepts the following: (ai) each Assessment levied by the PID on the Landowner’s Parcel within the District, as shown on the assessment roll attached as Appendix to the Service and Assessment Plan (the “Assessment Roll”); (ii) the Authorized Improvements specially benefit the District, and the Landowner’s Parcel, in an amount in excess of the Assessment levied on the Landowner’s Parcel within the District, as such Assessment is shown on the Assessment Roll; (iii) each Assessment is final, conclusive and binding upon Landowner accepts each and any subsequent owner of the Landowner’s Parcel, regardless of whether such landowner may be required to prepay a portion of, or the entirety of, such Assessment upon the occurrence of a mandatory prepayment event as provided in the Service and Assessment Plan; (iv) the obligation to pay the Assessment levied on the Landowner’s Parcel owned by such Landowner.it when due and in the amount required by and stated in the Service and Assessment Plan and the Assessment Ordinance; (bv) The each Assessment (including any or reassessment, with interest, the expense of collection, and reasonable attorney’s fees, if incurred) , is (a) a first and prior lien (the “Assessment Lien”) against the property assessedLandowner’s Parcel, superior to all other liens or and monetary claims except for liens or monetary claims for state, county, school district district, or municipality municipal ad valorem property taxes whether now or hereafter payabletaxes, and (b) is a personal liability of and charge against the owners owner of the property to the extent of their ownership Landowner’s Parcel regardless of whether such owner is named; (vi) the owners are named. The Assessment Lien lien on the Landowner’s Parcel is a lien and covenant that runs with the land and is effective from the date of the Assessment Ordinance and continues until the Assessments are Assessment is paid and may be enforced by the governing body of the City in the same manner as that an ad valorem property tax levied lien against real property that may be enforced by the City. The ; (vii) delinquent installments of the Assessment shall incur and accrue interest, penalties, and attorney’s fees as provided in the PID Act; (viii) the owner of any assessed property a Landowner’s Parcel may pay, pay at any time, time the entire Assessment levied against any such property. Foreclosure of an ad valorem property tax lien Assessment, with interest that has accrued on property within Phase #3 of the District will not extinguish the Assessment or any unpaid but not yet due Annual Installments of the Assessment, and will not accelerate on any parcel in the due date for any unpaid and not yet due Annual Installments of Landowner’s Parcel; (ix) the Assessment. It is the clear intention of all parties to this Declarations, that the Assessments, including any Annual Installments of the Assessments (as such Annual Installments defined in the Service and Assessment Plan and Assessment Roll) may be adjusted, decreased or and extended); and, are covenants that run with the Landowner’s Parcel and specifically binds the Landowner, its successors and assigns. In the event of delinquency in the payment of any Annual Installment assessed parties shall be obligated to pay their respective revised amounts of the Assessmentannual installments, when due, and without the necessity of further action, assessments or reassessments by the City, the City is empowered to order institution of an action in district court to foreclose the related Assessment Lien, to enforce personal liability against the owner of the real property for the Assessmentsame as though they were expressly set forth herein; and (x) Landowner has received, or both. In such action hereby waives, all notices required to be provided to it under Texas law, including the real property subject PID Act, prior to the delinquent Assessment may be sold at judicial foreclosure sale for the amount of such delinquent property taxes and Assessment, plus penalties, interest and costs of collectionEffective Date (defined herein).

Acceptance and Approval of Assessments and Lien on Property. Landowner consents to, agrees to, acknowledges and accepts the following: (ai) Landowner accepts each Assessment levied on the Landowner’s 's Parcel within the District, as shown on the assessment roll attached as Appendix A to the Service and Assessment Plan (the "Assessment Roll"); (ii) the Phase 8 and 9 Authorized Improvements specially benefit the District, and the Landowner's Parcel, in an amount in excess of the Assessment levied on the Landowner's Parcel within the District, as such Assessment is shown on the Assessment Roll; (iii) each Assessment is final, conclusive and binding upon Landowner and any subsequent owner of the Landowner's Parcel, regardless of whether such landowner may be required to prepay a portion of, or the entirety of, such Assessment upon the occurrence of a Mandatory Prepayment Event (as defined herein); (iv) the obligation to pay the Assessment levied on the Landowner's Parcel owned by such Landowner.it when due and in the amount required by and stated in the Service and Assessment Plan and the Assessment Ordinance; (bv) The each Assessment (including any or reassessment, with interest, the expense of collection, and reasonable attorney’s 's fees, if incurred) , is (a) a first and prior lien (the “Assessment Lien”) against the property assessedLandowner's Parcel, superior to all other liens or and monetary claims except for liens or monetary claims for state, county, school district district, or municipality municipal ad valorem property taxes whether now or hereafter payabletaxes, and (b) is a personal liability of and charge against the owners owner of the property to the extent of their ownership Landowner's Parcel regardless of whether such owner is named; (vi) the owners are named. The Assessment Lien lien on the Landowner's Parcel is a lien and covenant that runs with the land and is effective from the date of the Assessment Ordinance and continues until the Assessments are Assessment is paid and may be enforced by the governing body of the City in the same manner as that an ad valorem property tax levied lien against real property that may be enforced by the City. The ; (vii) delinquent installments of the Assessment shall incur and accrue interest, penalties, and attorney's fees as provided in the PID Act; (viii) the owner of any assessed property a Landowner's Parcel may pay, pay at any time, time the entire Assessment levied against any such property. Foreclosure of an ad valorem property tax lien Assessment, with interest that has accrued on property within Phase #3 of the District will not extinguish the Assessment or any unpaid but not yet due Annual Installments of the Assessment, and will not accelerate on any parcel in the due date for any unpaid and not yet due Annual Installments of Landowner's Parcel; (ix) the Assessment. It is the clear intention of all parties to this Declarations, that the Assessments, including any Annual Installments of the Assessments (as such Annual Installments may be adjusted, decreased or and extended), are covenants that run with and the Landowner’s Parcel and specifically binds the Landowner, its successors and assigns. In the event of delinquency in the payment of any Annual Installment assessed parties shall be obligated to pay their respective revised amounts of the Assessmentannual installments, when due, and without the necessity of further action, assessments or reassessments by the City, the City is empowered to order institution of an action in district court to foreclose the related Assessment Lien, to enforce personal liability against the owner of the real property for the Assessmentsame as though they were expressly set forth herein; and (x) Landowner has received, or both. In such action hereby waives, all notices required to be provided to it under State law, including the real property subject PID Act, prior to the delinquent Assessment may be sold at judicial foreclosure sale for the amount of such delinquent property taxes and Assessment, plus penalties, interest and costs of collectionEffective Date (defined herein).