Laserfiche WebLink
201807442 <br />7.5 Enforcement of Covenants. <br />Each Owner and all Residents of any Lot shall comply with the provisions of this <br />Declaration. Failure to comply with any of the same shall be grounds for an action to recover <br />sums due for damages, injunctive relief, specific performance, or any or all such remedies and <br />for reimbursement of all attorneys' fees incurred in connection therewith. Such action shall be <br />maintainable by Declarant or any aggrieved Owner or Owners. Further, upon any breach or <br />violation of any provision or requirement of this Declaration by any Owner, the Association or <br />Declarant may enter upon the Lot on which or as to which such breach or violation exists, and <br />may summarily abate, remove, and/or modify, as applicable, any thing or condition that may <br />breach or violate this Declaration. In the event of any such action by the Association or <br />Declarant, the breaching or defaulting Owner shall pay all costs and expenses incurred by the <br />Association and/or Declarant in remedying or eliminating the item that violated this Declaration, <br />including the litigation costs and attorneys' fees, if any, incurred in connection with such breach <br />or violation and/or the remediation of the same. If; as a result of inspections or otherwise, the <br />DRC finds that a noncompliance to the Declaration exists, the DRC shall notify the Owner in <br />writing of the noncompliance, which notice shall specify the particulars of the noncompliance <br />and shall require the Owner to take such action as may be necessary to remedy the <br />noncompliance. The Owner shall remedy or remove any such noncompliance within a period of <br />thirty (30) days from the date of notification by the DRC. <br />7.6 Right of Entry. <br />Any agent or officer of the Association may enter upon and inspect any Lot and the <br />exterior Improvements located thereon to determine if they are in compliance with this <br />Declaration, provided that a member of the Association has properly notified the Owner at least <br />24 hours prior to entry. Neither the Association nor any officer thereof shall be deemed guilty of <br />any manner of trespass for such entry or inspection. <br />7.7 Declarant's Lien Right. <br />If Declarant expends any funds or incurs any fees and/or costs to remedy any Owner's <br />breach or violation of this Declaration, such sums shall be due and payable from the Owner to <br />Declarant within ten (10) days after Declarant provides the breaching or defaulting Owner with <br />written notice of the sums so expended or incurred. Any amount not paid within such ten-day <br />period shall bear interest from the expiration of such ten-day period until paid at an interest rate <br />equal to five percent (5%) in excess of the prime or reference rate most recently quoted by <br />Exchange Bank, Grand Island, or any successor to such bank, as of the expiration of such ten- <br />day period. All amounts not paid as set forth in said notice shall constitute a lien on the Lot <br />owned by the breaching or defaulting Owner. To evidence such lien, Declarant may prepare and <br />Record a written notice (the "Lien Notice") setting forth the amount of the fees, costs, and other <br />expenditures incurred, the name of the Owner who owes such sums to Declarant, and the legal <br />description of the subject Lot. Any lien created in favor of Declarant pursuant to this Section <br />shall be subordinate to the lien of any mortgage or deed of trust Recorded prior to the Lien <br />Notice, but shall be senior to any homestead exemption as now or hereafter may be provided by <br />Nebraska law, and this clause shall constitute a waiver of such homestead. Any lien created in <br />favor of Declarant pursuant to this Section may be enforced by the foreclosure of the lien <br />Page 41 of 67 <br />