201904287 - Laserfiche WebLink

Browse

201904287 as last shown on the books and record of the Association and a statement that the lien shall cover all subsequent unpaid assessments of the Association. The Treasurer shall give notice of such lien by United States mail, postage prepaid at the address of the property owner as last shown on the books and records of the Association. Such notice shall be complete upon mailing. The Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the property, and interest, costs, and reasonable attorney's fees of any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. K. Subordination of the Lien to Mortgages. The Association may subordinate a filed assessment lien to the lien of any first mortgage. Sale or transfer of any Lot shall not affect a filed assessment lien. However, the sale or transfer of any Lot pursuant to foreclosure, or any proceeding in lieu thereof, with respect to any first mortgage prior to the date the assessment lien was recorded shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer except as adjudicated to the contrary. No sale or transfer shall relieve such Lot from liability for any assessments thereafter assessed or from the lien thereof. Date of recording shall be the date of filing for record at the office of the Register of Deeds of Hall County, Nebraska. L. Exempt Property. All properties dedicated to and accepted by the City of Gran Island and the Common Area shall be exempt from all annual and special assessments of the Association. M. Non -waiver. The omission or failure to fix the assessment or deliver or mail a statement for any period shall not be deemed a waiver, modification or release of the owner's personal obligation to pay the same. ARTICLE VI Party Walls A. Party Wall. Each wall which is built as a part of the original construction of the homes upon the property and placed on the dividing line between the Lots shall constitute a party wall and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply. B. Compatible. All exterior visible construction materials on each side of a party wall shall be of like kind and be compatible, shingles, paint and colors included. C. Shared Cost. The costs of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use. D. Restoration. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owners thereafter made use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. 11