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201309222
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Last modified
8/19/2014 2:24:43 PM
Creation date
11/22/2013 8:53:25 AM
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DEEDS
Inst Number
201309222
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7.7 Declarant's Lien Right. <br />Page 41 of 68 <br />201309222 <br />Association and /or Declarant in remedying or eliminating the item that violated this Declaration, <br />including the litigation costs and attorneys' fees, if any, incurred in connection with such breach <br />or violation and /or the remediation of the same. If; as a result of inspections or otherwise, the <br />DRC finds that a noncompliance to the Declaration exists, the DRC shall notify the Owner in <br />writing of the noncompliance, which notice shall specify the particulars of the noncompliance <br />and shall require the Owner to take such action as may be necessary to remedy the <br />noncompliance. The Owner shall remedy or remove any such noncompliance within a period of <br />thirty (30) days from the date of notification by the DRC. <br />7.6 Right of Entry. <br />Any agent or officer of the Association may enter upon and inspect any Lot and the <br />exterior Improvements located thereon to determine if they are in compliance with this <br />Declaration, provided that a member of the Association has properly notified the Owner at least <br />24 hours prior to entry. Neither the Association nor any officer thereof shall be deemed guilty of <br />any manner of trespass for such entry or inspection. <br />If Declarant expends any funds or incurs any fees and /or costs to remedy any Owner's <br />breach or violation of this Declaration, such sums shall be due and payable from the Owner to <br />Declarant within ten (10) days after Declarant provides the breaching or defaulting Owner with <br />written notice of the sums so expended or incurred. Any amount not paid within such ten -day <br />period shall bear interest from the expiration of such ten -day period until paid at an interest rate <br />equal to five percent (5 %) in excess of the prime or reference rate most recently quoted by <br />Exchange Bank, Grand Island, or any successor to such bank, as of the expiration of such ten- <br />day period. All amounts not paid as set forth in said notice shall constitute a lien on the Lot <br />owned by the breaching or defaulting Owner. To evidence such lien, Declarant may prepare and <br />Record a written notice (the "Lien Notice ") setting forth the amount of the fees, costs, and other <br />expenditures incurred, the name of the Owner who owes such sums to Declarant, and the legal <br />description of the subject Lot. Any lien created in favor of Declarant pursuant to this Section <br />shall be subordinate to the lien of any mortgage or deed of trust Recorded prior to the Lien <br />Notice, but shall be senior to any homestead exemption as now or hereafter may be provided by <br />Nebraska law, and this clause shall constitute a waiver of such homestead. Any lien created in <br />favor of Declarant pursuant to this Section may be enforced by the foreclosure of the lien <br />encumbering the real property, including the Improvements on the real property, in like manner <br />as a mortgage on real property is foreclosed under the laws of the State of Nebraska. <br />In any such foreclosure action, the breaching or defaulting Owner shall be required to pay <br />Declarant an ' administrative fee of $300.00. Every ' Owner accepting a deed to a Lot <br />acknowledges and agrees that the costs and damages that will be incurred by Declarant in <br />connection with Declarant's remedy of an Owner's breach will be difficult if not impossible to <br />ascertain, and agrees that such fee is a reasonable estimate of such costs and damages. In <br />addition to such administrative fee, a defaulting Owner shall also be required to pay costs, <br />expenses, and reasonable attorneys' fees incurred by Declarant in connection with filing or <br />releasing a Lien Notice and in connection with any foreclosure of such Lien Notice. All such <br />administrative fees, costs, expenses, and attorneys' fees shall be secured by the lien evidenced by <br />
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