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90106047
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Last modified
10/20/2011 7:57:25 PM
Creation date
10/20/2005 9:52:42 PM
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DEEDS
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90106047
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1 <br />90----10604? <br />In the event that a plan of sole is adopted by the o'nsre and subsequently approved by the <br />re first aortemie"e, as above set forth. or in the event that a plan of repair and reconstruction is <br />adopted by the Moro but is not approved by the required number of first awhrtgtgess of record within <br />sixty (00) days tram the adoption of the plan, then the Board of Administrators shall forthwith record <br />a notice setting forth such tact or facts. and upon the recording of such notion with the Office of <br />1 the Register of Dssds of Nall qty. Nebraska► by the Association •• Prods nt and Secretary or <br />Assistant secretary. the entire remaining premises shall be offered for sans and sold by the <br />Association pursuant to the provisions of this Article, as attorney -in -fact for all of the awnusrs► <br />free and clear of the pirovietons contained in the IMster Deed, the Articlse of Incorporation and thew <br />By -Law. Thee insurance eettlemsnt proceeds shall be collected by the Association► and much proceeds <br />shall be divided by the Association according to each owner's interest in the general common elements, <br />and such divided proceeds sholIbm paid into separate accounts, each such accent representing one of <br />the condominim suites. Each such account shall be in the name of the Association, and shall be <br />further identified by the condoatnitma suite designation and the name of the owner. From each <br />separate account, the Association► as attorney -in -fact. 0*11 forthwith ues and disburse the total <br />amount of each of such accounts► witimA contribution from Ono apousnt to annother► toward the Partial <br />j or full payment of the lion of any first mortgage against the condominium suits represented by such <br />separate aacOUnt. Thereafter, each etch account shall be supplemanted by the apportioned amount of <br />the prOOwds obtained from the sale of the "Mire property and any available funds of the Association. <br />Such apportiawnt shall be baud upon each condominium suite owner's interest in the general oosmmn <br />elemente. The total funds of each account shall be used and disbursed, without contribution from one <br />aCbdunt to smpther. by the Association► as attorney -in -fact, as set forth in section s of Article X. <br />Bastion B. <br />In the event of a taking by condemnation or eminent domain of all or art of the common area. <br />! the award Dade shall be paid to the Board of Administrators. It owners of the suites in the <br />i Condominium Property Reglew do not, within sixty (00) days from the dot" of the award, unanimously <br />j approve the use of the proceeds from the award for use in rspsiring► expanding or restoring the common <br />area, the Board of Administrators shall forthwith disburse the not proceeds of the award for the some <br />purpose and in the mass order as is provided in Mien s of Article X. <br />&"ion 7. Poor of Sale. <br />In the event of sale of the entire Regime pursuant to section 5 of Article x, or upon adoption <br />of such a plan upon termination of the Condominium Property Regime pursuant to section 1 of Article <br />UP or athervime. the Association shall have all the powers set forth in Article x in Waling with a <br />purchaser or purahasere as attorney -in -fact. <br />- Section A. Application of Proceeds. <br />Proceeds received as set forth in the preceding sections and as applicable to each suits shalt <br />be used and disbursed by the Association as attorney -in -fact, in the following order: <br />(a) For payment of taxes and special assessments, liens in favor of any assessing entity <br />and the customary expense of sale; <br />(b) For payment of the balance of the lion of any first mortgage; <br />(o) For payment of unpaid assessments and all costsp expanaee and fees Incurred by the <br />Association. <br />(d) For payment of junior liens and a neimcbranoes in the order of ens to the extant of thsir <br />priority; and <br />(e) The balwne" remaining, if any, shall be aid to the condominium suits owner. <br />>iection h W Abatement of Asaeasmenta. <br />Aseesmmsnts for common expenses shall not be abated during the period of insurance adjustment <br />and repair and reconstruction, remodeling or reconstruction, nor prior to sale of any suits for <br />delinquent unpaid asssasmsnts. <br />ARTICLE 91. T1EMINATION OR AMENDMENT <br />i section 1.. *M(finat a <br />1 Except as Otherwisa provided. owners of all of the suites in any of the Condocinia -shall have <br />'the right to terminate this Condominium Prelpartr Regime subject to the condition* Of 8eetiiOn 70 -812 <br />o? the Condominium Act, by unanimous action. i" wvor, before so acting they must give sixty (00) days <br />PrIar -its_ = ft *sl M V the" Abe—_ of tt-- Aeemlatte : <br />Bootless 2. Amendment by Merbera- <br />There shat l be no amendment to theme .ay -Laws unless seventy-five percent(7511) or more of the <br />members of the than Association shall have voted therefor in the affirmative at a special or annual <br />meeting; provided. however, that percentage voting requirements contained in these By -Laws shall not <br />be amended by a lssser percentage vats than that sought to be amewAW, and provided further that such <br />amsndsen1 shall have the approval of eon then fifty percent (5011), in r, I r, of the first mortyagass <br />of record in all of the Condominia upon the date of adoption of said amendment. <br />�,jpn, a. Amendment by Davmlowr� <br />Anything contained in these By -Laws or in the Naeter Deed or Articles of Incorporation to the <br />L contrary notwithstmnding. until Docembsr 31. 1993, or until Developer releases control of the <br />Association, whichever first occurs. Developer reserves the right to supplement or averd these By-Laws <br />for clarification, correction or otherwise in the best interests of all suits owners, including <br />Developer; provided that any such supplement or amendment shall be approved by wore than fifty percent <br />(0011), in number of all existing first mortgage holders of record, in writing. <br />, <br />, <br />f� <br />I <br />i. <br />i <br />
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