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201404665
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Last modified
7/30/2014 11:18:59 AM
Creation date
7/30/2014 11:18:58 AM
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DEEDS
Inst Number
201404665
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201404665 <br />8 of this Declaration. Any past due common expense assessment or installment bears interest at the rate of 18% <br />per annum or at such other rate as may from time to time be established by the Association. <br />10.2 Expenses for Limited Common Elements and Common Expenses Benefiting Fewer Than All <br />Units. Any common expense associated with the maintenance, repair or replacement of a limited common <br />element shall be equally assessed against the units to which the limited common element is assigned. Any <br />common expense or portion of a common expense benefiting fewer than all of the units shall be assessed <br />exclusively against the units benefited. <br />10.3 Assessments for Payment of Judgments. Assessments to pay a judgment against the Association <br />shall be made only against the units in the condominium in proportion to their common expense liabilities. <br />9.4 Misconduct of Unit Owner. If any common expense is caused by the misconduct of any unit owner, <br />the Association may assess that expense exclusively against his unit. <br />10.5 Maintenance of Reserve Fund. Out of the annual assessments, the Association shall establish and <br />maintain an adequate reserve fund for the periodic maintenance, repair and replacement of improvements to the <br />common elements which the Association is obligated to maintain. If the executive board determines that there <br />are any surplus monies in the reserve fund remaining after provision is made for payment of common expenses <br />and funds needed to maintain the reserve fund, such surplus money shall be paid to the unit owners in <br />proportion to their common expense liabilities or credited to them to reduce their common expense assessments. <br />10.6 Reserve Fund. The Association may establish a reserve fund by contribution from each purchaser <br />of a unit and from such other sources as the Executive Board shall determine. The reserve fund shall be used <br />for capital improvements and necessary replacements and such other items as the Executive Board shall <br />determine. <br />ARTICLE XI. <br />LIEN FOR ASSESSMENTS <br />11.0 Lien for Assessments. Pursuant to the provisions of Neb. Rev. Stat. Section 76 -874 (Reissue <br />1990) the Association has a lien on the unit for any assessment levied against that unit or monetary penalties <br />imposed against its unit owner from the time that the assessment or fine becomes due. The Association's lien <br />may be foreclosed in the same manner as a mortgage on real estate. Fees or charges for the use, rental or <br />operation of the common elements other than limited common elements described in Section 2.3.4 of this <br />Declaration, and for services provided unit owners; charges for late payment of assessments and after notice and <br />opportunity to be heard, assessments imposed upon unit owners for violation of the Declaration, By -Laws and <br />Rules of the Association; and reasonable charges for the preparation and recording of amendments to the <br />Declaration or statements of unpaid assessments levied or imposed by the Association are enforceable as <br />assessments under this Section. If the assessment is payable in installments, the full amount of the assessment <br />is a lien from the time the first installment of the assessment becomes due. <br />11.1 Priority of Liens. A lien under this Section is prior to all other liens and encumbrances on a unit <br />except liens and encumbrances recorded before the recordation of the Declaration, a first mortgage or deed of <br />trust on the unit recorded before the date on which the assessment sought to be enforced became delinquent, and <br />liens for real estate taxes and other governmental assessments or charges against the unit. <br />
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