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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 />11.2 Recording Declaration Effect. Recording of the Declaration constitutes record notice and <br />perfection of the lien. Further recordation of any claim of any lien for assessment under this Section is not <br />required. <br />11.3 Lien Extinguished Unless Enforced. A lien for unpaid assessments is extinguished unless <br />proceedings to enforce the lien are instituted within three years after the full amount of the assessments <br />becomes due. <br />11.4 Actions at Law; Deed in Lieu of Foreclosure. The Association may bring actions at law to recover <br />sums for which Section 10.0 creates a lien, and the Association may take a Deed in Lieu of Foreclosure. <br />11.5 Attorney's Fees and Cost. A judgment or decree in any action brought under this Section shall <br />include costs and reasonable attorney's fees for the prevailing party. <br />11.6 Statement of Unpaid Assessments. The Association, on written request, shall furnish to a lien <br />holder, unit owner or person designated by a unit owner a reasonable statement setting forth the amount of <br />unpaid assessments against his unit. The statement shall be furnished within 20 business days after receipt of <br />the request and is binding on the Association, the Executive Board and every unit owner. <br />ARTICLE XII. <br />OTHER LIENS AFFECTING THE CONDOMINIUM <br />12.0 Effect of Recorded Judgment. Except as provided in Section 11.1, a legally recorded judgment for <br />money against the Association is not a lien on the common elements but is a lien in favor of the judgment lien <br />holder against all of the units in the condominium at the time the judgment was entered. Other property of a <br />unit owner is not subject to the claims of a creditor of the Association. <br />12.1 Security Interest in Common Elements. If the Association has granted a mortgage, deed of trust or <br />security interest in the common elements to a creditor of the Association, pursuant to Article XIII., the holder of <br />that security interest must exercise its right against the common elements before its judgment lien on any unit <br />may be enforced. <br />12.2 Lien Against Two or More Units. Whether perfected before or after the creation of the <br />condominium, if a lien other than a deed of trust or mortgage becomes effective against two or more units, the <br />unit owner of an affected unit may pay to the lien holder the amount of the lien attributable to his unit and the <br />lien holder, on receipt of payment, shall promptly deliver a release of the lien covering that unit. The amount of <br />the payment shall be proportioned to the ratio which that unit owner's common expense liability bears to the <br />common expense liabilities of all unit owners whose units are subject to the lien. After payment, the <br />Association shall not assess or have a lien against that unit owner's unit for any portion of the common <br />expenses incurred in connection with that lien. <br />ARTICLE XIII. <br />AMENDMENT OF DECLARATION <br />13.0 Amendment of Declaration. Except in cases of amendments that may be executed by the <br />Association in the event of condemnation as provided by the Condominium Act or by certain unit owners as <br />provided by the Condominium Act, and except to the extent permitted or required by other provisions of the <br />Nebraska Condominium Act and amendments thereof, this Declaration may be amended only be a voted of the <br />-12- <br />
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