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Section 6. Personal Assessment Liability.
<br />Each unit owner or, if more than one, owners, jointly and severally, shall be personally liable
<br />for the payment of assessments under the preceding Sections. Upon the expiration of thirty (30) days
<br />from the due date of an assessment, if said assessment remains unpaid, the Association may bring
<br />suit against the owner or owners of said unit for recovery of the same. If the assessment is a monthly
<br />installment of an annual assessment, the default in payment of one installment when due, may, at the
<br />option of the Association, cause the remainder of the installments due for that annual period to
<br />become immediately due and payable. The defaulting unit owner shall be liable for the unpaid
<br />assessment or assessments, interest thereon from the due date to the date paid at the highest legal
<br />rate, and attorney fees and expenses incurred in the collection of the same. No proceeding to collect
<br />defaulted assessments pursuant to this Section shall constitute a waiver of the lien of the Association
<br />against said defaulting owner's unit nor a waiver of the right of the Association to foreclose thereon.
<br />The grantee of a unit shall be jointly and severally liable with the grantor for all unpaid
<br />assessments against the latter up to the time of the grantor conveyance, without prejudice to the
<br />grantee's right to recover from the grantor the amounts paid by the grantee therefor, provided,
<br />however, that upon payment of a reasonable fee and upon written request, any such prospective
<br />grantee shall be entitled to a statement from the Executive Board or the Manager, in the form set
<br />forth in Section 8 of Article V, which shall be conclusive upon the Association in favor of all
<br />persons relying thereon in good faith. Unless such request for a statement of indebtedness shall be
<br />complied with within fifteen (15) days of such request, then such grantee shall not be liable for, nor
<br />shall the condominium unit conveyed be subject to a lien for any unpaid assessments accruing prior
<br />to the date of such request.
<br />The provisions set forth in this Section shall not apply to the initial sales and conveyances
<br />of the condominium units made by the Declarant, and such sales shall be free from all assessments
<br />to the date of conveyance.
<br />Section 7. Assessment Lien.
<br />Section 8. Statement of Unpaid Assessments.
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<br />If any unit owner shall fail or refuse to make any payment of an assessment when due, the
<br />amount thereof shall constitute a lien on the interest of the unit owner in his unit and the Directors
<br />may record such lien in the Office of the Register of Deeds of Hall County, Nebraska; whereupon,
<br />said lien shall be privileged over and prior to all liens and encumbrances except assessments, liens
<br />and charges for taxes past due and unpaid on the unit and except prior duly recorded mortgage and
<br />lien instruments. Assessments delinquent more than ten (10) days after the due date shall bear
<br />interest at the highest legal rate from the due date until paid. The delinquency of one installment of
<br />an annual assessment shall cause all remaining installments, at the option of the Association, to
<br />immediately become due and payable. The Executive Board shall have the right and duty to attempt
<br />to recover such common charges, together with interest thereon, and the expenses of the proceeding,
<br />including attorney fees, in an action to recover the same brought against such unit owner, or by
<br />foreclosure of the lien on such unit granted by Section 76 -874 of the Nebraska Condominium Act.
<br />In any action brought by the Executive Board to foreclose a lien on a unit because of unpaid
<br />assessments, the unit owner shall be required to pay a reasonable rental for the use of his unit, and
<br />the plaintiff in such foreclosure action shall be entitled to the appointment of a receiver to collect the
<br />same. The Executive Board, acting on behalf of all unit owners, shall have power to purchase such
<br />unit at the foreclosure sale, and to acquire, hold, lease, mortgage, vote the votes appurtenant, to
<br />convey or otherwise deal with the same. A suit to recover a money judgment for unpaid assessments
<br />shall be maintainable without foreclosing or waiving the lien securing the same.
<br />Upon the written request of any owner, prospective purchaser or of any mortgagee of a
<br />condominium unit, the Executive Board, or the Managing Agent, shall issue a written statement
<br />setting forth the amount of the unpaid assessments, if any, with respect to the subject unit, the
<br />amount of the current periodic assessment and the date that such assessment became due, any
<br />penalties due, and credit for advance payments or for prepaid items, which statement shall be
<br />conclusive upon the Association in favor of all persons who rely thereon in good faith.
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