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20120666 201 0479r��)�i0;�b0'1 201210158 200907125 <br />following termination, the unit owners shall become tenants in common and <br />while the tenancy In common exists, each unit owner and his or her <br />successors in interest shall have an exclusive right to occupancy of that <br />portion of the real estate ilia! formerly constituted his or her unit, In no <br />event may'any part of the properly he sold or otherwise disposed of without <br />the prior termination or waiver of the condominium, unless sale or <br />disposition is approved In willing by owners representing one hundred <br />percent (100 %) of the unit owners anti by holders of all mortgages of record <br />covering any units within the condominium. Notwithstanding any provision <br />in the By -Laws, there shall be no reduction or deletion or conveyance of the <br />common elements without the prior written consent of the holders of all <br />mortgages of record against any units within the condominiwp. <br />Unless a greater number is required by law, owners of units representing <br />Iwo thirds (2/3) or more of the units may al any lime in writing, duly <br />acknowledged and recorded in the office of the Register of Deeds of Hall <br />County, Nebraska, effect an amendment to the By -Laws which are attached <br />hereto and as the same may, from time to lime, have been amended. <br />Unless a greater number is required by law, owners representing three <br />fourths (3/4) or more of the units may in willing, duly acknowledged and <br />recorded In the office of the Register of Deeds of Hall County, Nebraska, <br />effect an alteration, deletion or amendment to this Master Deed and <br />Declaration as the same may have been amended from time to time, except <br />for the time that DeClarant has control over the Association pursuant to <br />Article VI, Section (b). Changes shall not bind any then existing mortgage <br />holders of record unless They shall likewise consent to saici change in <br />writing. <br />( <br />(1) All notices required hereby shall be in writing and sent by certified or <br />registered mail, return receipt requested: <br />(1) To an owner at his last known address on the books of the <br />Association. <br />(2) To the concominium or the Association at the registered <br />office of the Association. <br />ARTICLE IX SEPARATE TAXATION <br />Declarant shall give written notice to the County Assessor of Hall County, Nebraska, of the <br />creation of the condominium so each unit in the condominium, Including the undivided interests in <br />the common elements appurtenant thereto, shall be deemed a parcel and subject to separate <br />assessment and taxation. <br />ARTICLE X. EASEMENTS <br />Easements are hereby reserved and granted from and to owner and each owner of unit for <br />encroachment. If any part of a unit encroaches upon any other unit or the common elements or <br />if any such encroachment shall hereafter occur due to the settling or shifting of the building or for <br />any other reason, or if such building Is repaired or rebuilt after damage or destruction. The <br />Association shall have an easement in and upon each unit for the performance and repairs upon <br />the common elements and for emergency repairs to any part of the unit. <br />ARTICLE XL BE SUBJECT TO MASTER DEED AND DECLARATION, <br />BY- LAWS,_AND RULES AND REGULATIONS <br />All present and future owners, tenants and occupants of units shall be subject to, and <br />comply with the provisions of this Master Deed and Declaration, the By -Laws, and the rules and <br />regulations as they may he amended from time to lime. The acceptance of a deed or conveyance <br />and entering into of a lease or the entering into occupancyof any unit shall constitute an agreement <br />that the provisions of this Master Deed and Declaration, the By -Laws, and the rules and <br />regulations, as they may he amended from lime to time, are accepted and ratified by such owner, <br />6 <br />