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<br />16. If any Owner of any lot or portion thereof, or his heirs or assigns, shall violate or
<br />attempt to violate any of the covenants, restrictions, or conditions herein set forth, it shall be
<br />lawful for any other person or persons owning real estate in said Subdivisions to prosecute such
<br />proceedings at law or in equity against the person or persons violating or attempting to violate
<br />any such covenants, restrictions, or conditions and to prevent him or her from so doing, or to
<br />recover damages for such violations.
<br />17. If any of the covenants, restrictions, or conditions herein set forth are declared
<br />void by a court of competent jurisdiction, the remaining covenants, restrictions, and conditions
<br />shall not be affected, but shall remain in full force and effect.
<br />18. This Agreement and the faithful performance of the terms hereof shall be binding
<br />upon the successors, personal representatives, heirs, devisees, legatees, and assigns of the
<br />Owners, present and future, of any lot or lots in Rainbow Lake Subdivision, Rainbow Lake
<br />Second Subdivision, Rainbow Lake Third Subdivision, Rainbow Lake Fourth Subdivision, and
<br />Rainbow Lake Fifth Subdivision in Hall County, Nebraska.
<br />19. If any lot owner shall fail or refuse to make any payment of an assessment when
<br />due, the amount thereof shall constitute a lien on the interest of the lot owner in said lot and
<br />Association by and through the Executive Board may record such lien in the Office of the
<br />Register of Deeds of Hall County, Nebraska; whereupon, said lien shall be privileged over and
<br />prior to all liens and encumbrances except assessments, liens and charges for taxes past due and
<br />unpaid on the lot and except prior duly recorded mortgage and lien instruments. Assessments
<br />delinquent more than ten (10) days after the due date shall bear interest at the highest legal rate
<br />from the due date until paid. The delinquency of one installment of an annual assessment shall
<br />cause all remaining installments, at the option of the Association, to immediately become due
<br />and payable. The Executive Board shall have the right and duty to attempt to recover such
<br />assessment, together with interest thereon, and the expenses of the proceeding, including
<br />attorney fees, in an action to recover the same brought against such lot owner, or by foreclosure
<br />of the lien on such lot. In any action brought by the Executive Board to foreclose a lien on a lot
<br />because of unpaid assessments, the lot owner shall be required to pay a reasonable rental for the
<br />use of his lot, and the plaintiff in such foreclosure action shall be entitled to the appointment of a
<br />receiver to collect the same. The Executive Board, acting on behalf of all lot owners, shall have
<br />power to purchase such lot at the foreclosure sale, and to acquire, hold, lease, mortgage, vote the
<br />votes appurtenant, to convey or otherwise deal with the same. A suit to recover a money
<br />judgment for unpaid assessments shall be maintainable without foreclosing or waiving the lien
<br />securing the same.
<br />DATED this l ( +k day of 14(. F , , 2013.
<br />(INSERT NAME)
<br />Secretary of the Rainbow Lake
<br />Homeowners Association, Inc.
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