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201706687
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Last modified
12/9/2019 6:11:16 PM
Creation date
10/3/2017 2:00:57 PM
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DEEDS
Inst Number
201706687
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Party. <br />Section 7.3 Liens. Costs and expenses accruing and/or assessed against an Outparcel <br />pursuant to Section 7.2 above and the amounts described in Section 7.1 shall constitute a lien against <br />the Defaulting Party's Outparcel. The lien shall attach and take effect only upon recordation of a <br />claim of lien in the applicable real estate records office of the county in which the said Outparcel is <br />located, by the Party making the claim. The claim of lien shall include the following: <br />(i) The name and address of the lien claimant; <br />(ii) A statement concerning the basis for the claim of lien and <br />identifying the lien claimant as a non - defaulting and/or curing <br />Party; <br />(iii) An identification by name and address (if known) of the defaulting <br />Party or reputed owner of the Outparcel or interest therein <br />against which the lien is claimed; <br />(iv) A description of the Outparcel against which the lien is claimed; <br />(v) A description of the work performed which has given rise to <br />the claim of lien; <br />(vi) A statement itemizing the total amount due, including interest; <br />(vii) A statement that the lien is claimed pursuant to the provisions of <br />this Declaration, reciting the date, book and page of recordation <br />hereof. <br />The notice shall be duly acknowledged and contain a certificate that a copy thereof has <br />been served upon the Party against whom the lien is claimed, by personal service or by mailing <br />pursuant to Section 9.3 below. The lien so claimed shall attach from the date of recordation <br />solely in the amount claimed thereby and may be enforced in any judicial proceedings <br />allowed by law, including without limitation, suit in the nature of a suit to foreclose a <br />mortgage or mechanic's lien under the applicable provisions of the law of Nebraska. Such <br />a lien is expressly subordinate to any duly recorded mortgage, deed of trust or similar <br />security instrument on the Outparcel. <br />Section 7.4 No Termination for Breach. No breach, whether or not material, of the <br />provisions of this Declaration shall entitle any Party to cancel, rescind or otherwise terminate this <br />24 <br />201706687 <br />
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