Laserfiche WebLink
a� ' ;, . .. - . <br /> � : �� _ .. <br /> Tn the event� �Chat insurance proceeds are insufficient to repair and <br /> ' reconstruct the improvements, the Association shaT1 levy a special assessment -to <br /> provide an amoun't sufficient to conduct said repair� and reconstruction along with <br /> insurance proceeds. Such assessment shall be Tevied and collected according to <br /> Section 5 of Article V, and the Association shall also. have the rights noted in <br /> Section 11 of Article X. ' <br /> Section 3. Dama�e or Destruction - Repair and Reconstruction Optional. f <br /> In the event of damage or destruction due to fire or other :disaster, � <br /> which damage or destruct'ion is determined by the Board of Administrators to be <br /> sixty-six and two-thirds percent (66 2/3%) or more of the total replacemen�t cost <br /> of all the condominium units iri this Regime, not including land, the Board.shall � <br /> forthwith, within thirty (30) days of the occurrence of said damage or destruction, <br /> call a special members' meeting for the ,purpose of presenting to the unit owners the' <br /> alternative of repair and reconstruction or sale, pursuant to Sections 4 or 5 <br /> of Article X. At such meeting; the Board shall present estimates of repair and <br /> reconstruction costs, the amount of insurance proceeds available, the projected <br /> necessity for, and amount. if any, of special assessments necessary to cover any <br /> deficiency in ins.urance proceeds, the projected`sale price of the property as is, <br /> and projected distribution of all funds, including insurance proceeds, should the <br /> owners choose sale rather than repair and reconstruction. In arriving at such <br /> figures to be presented to the owners, the Board may employ such experts as deemed <br /> advisable. After presentation of all relevant financial information available to <br /> the Board, the owners shall be required to adopt either a plan of repair and <br /> reconstruction or a plan of sale. The affirmative vote of owners holding seventy- <br /> five percent (75%) in value of the units in this Regime shall be necessary to <br /> " approve a plan of repair and reconstruction. If such percenta.ge affirmative vote <br /> is not obtained, the owners holding a majority in value may adopt a plan o� sale <br /> binding upon all owners. Any plan so adopted must subsequently be approved in <br /> writing by more than fifty percent (50%) in number, of the first mortgagees <br /> of record as of the date of adoption of the plan. <br /> Section 4. Plan of Repair and Reconstruction - Damage or Destruction. <br /> . In the event that a plan of repair and reconstruction is adopted by the <br /> owners and subsequently approved by the first mortgagees, as above set forth, <br /> the Board of Administrators shall forthwith proceed to repair and reconstruct <br /> the improvements as set forth in Section 2 of Article X. <br /> Section 5. Plan of Sale - Damage or Destruction. <br /> In the event that a plan of sale is adopted by the owners and subsequently <br /> approved by the first mortgagees, as above set forth, or in the event that a plan <br /> of repair and reconstruction is adopted by the owners but is not approved by the <br /> required number of first mortgagees of record within sixty (6Q) days from the <br /> adoption of the plan, then the Board of Administrators shall forthwith record a <br /> notice setting forth such fact or facts, and upon the recording of such notice <br /> with the Register of Deeds of Hall County, Nebraska, by the Association's President <br /> and Secretary or Assistant Secretary, the entire remaining premises shall be offered <br /> for sale and sold by the Association pursuant to the provisions of this Article, <br /> as attorney-in-fact for all of the owners, free and clear of the provisions <br /> contained in the Master Deed, the Articles of Incorporation and these By-Laws. <br /> The insurance settlement proceeds shall be collected by the Association, and such <br /> proceeds shall be divided by the Association according to each owner's interest : <br /> ' in the general common elements, and such divided proceeds shall be paid into • <br /> separate accounts, each such account representing one of the condominium units. <br /> Each such account shall be in the name of the Association, and shall. be further <br /> identified by the condominium unit designation and the name of the owner. From . <br /> each. separate account, the Association, as attorney-in-fact, shall forthwith use <br /> and disburse the total amount of each of such accounts, without contribution from <br /> one account to another, toward the partial or full payment of the lien of any first. <br /> mortgage against the condominium unit represented by such separate account. <br /> Thereafter, each _such account shall be supplemented. by the apportioned amount of <br /> the proceeds obtained from the sale of the entire property and any available funds <br /> of the Association. Such apportionment shall be based upon each condominium unit <br /> owner's interest in the general common elements. The total funds of each account <br /> shall be used and disbursed, without contribution from one account to another, by <br /> tlie Association, as attorney-in-fact, as seti forth in Section 12 of Article X. <br /> 13 <br /> 5�1 : <br />