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201404665 <br />unit owners to which at least 67% of the votes in the Association are allocated. The consent of the Declarant is <br />required to an amendment during any period of Declarant control. Within thirty (30) days after the adoption of <br />any amendment pursuant to this Section, the Association shall prepare, execute and record a written instrument <br />setting forth the amendment. <br />13.1 Challenge of Validity of Amendment. An action to challenge the validity of an amendment <br />adopted by the Association pursuant to this Section shall not be brought more than one year after the <br />amendment is recorded. <br />13.2 Recording Amendment. An amendment to the Declaration shall be recorded in Hall County, <br />Nebraska and is effective only on recordation. <br />13.3 Limitation on Amendments. Except to the extent expressly permitted or required by other <br />provisions of this Declaration, an amendment shall not create or increase the special Declarant rights, increase <br />the number of units or change the boundaries of any unit, the allocated interest of a unit or the uses to which any <br />unit is restricted, in the absence of an unanimous consent of the affected unit owners. <br />13.4 Manner of Execution. Amendments to this Declaration required to be executed by the Association <br />shall be executed on behalf of the association by any officer of the Association designated for that purpose, or, <br />in the absence of designation, by the president of the association. <br />ARTICLE XIV. <br />CONVEYANCE OR ENCUMBRANCE OF COMMON ELEMENTS <br />14.0 Conveyance or Encumbrance of Common Elements. Portions of the common elements may be <br />conveyed or subjected to a mortgage, deed of trust or security interest by the Association if persons entitled to <br />cast at least 80% of the votes in the Association agree to that action in the manner prescribed in the <br />Condominium Act, except that all of the owners of units to which any limited common element is allocated <br />must agree in order to convey that limited common element or subject it to a mortgage, deed of trust or security <br />interest. Proceeds of the sale or encumbrance of the common elements are an asset of the Association. <br />14.1 Contents of Agreement. An agreement to convey common elements are subject then to a <br />mortgage, deed of trust or security interest shall be evidenced by the execution of an agreement or ratification of <br />the agreement in the same manner as a deed, by the requisite number of unit owners. The agreement shall <br />specify a date after which the agreement will be void unless previously recorded. The agreement and all <br />ratifications of the agreement shall be recorded in Hall County, Nebraska. <br />14.2 Contract by Association. The Association, on behalf of the unit owners, may contract to convey an <br />interest in the common elements, but the contract is not enforceable against the Association until approved <br />pursuant to Section 13.0 and 13.1. Thereafter, the Association has all powers necessary and appropriate to <br />affect the conveyance or encumbrance, including the power to execute deeds or other instruments. <br />14.3 Void Transactions. Except as permitted in this Article, any proported conveyance, encumbrance, <br />judicial sale or other voluntary transfer of common elements is void. <br />14.4 Rights of Access and Support. A conveyance or encumbrance of common elements pursuant to <br />this Article does not deprive any unit of its rights of access and support. <br />- 13 - <br />