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90106862
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Last modified
10/21/2011 12:12:29 AM
Creation date
10/20/2005 10:06:52 PM
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DEEDS
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90106862
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y <br />"• el. <br />�.n <br />90 10C96? <br />In the event that a plan of sale is adopted by the amen and eWeequontly approved by the <br />first mortgagees, an above set forth, or in the event that a plan of repair and reconstruction is <br />adopted by the owners but is not approved by the required number of first wortgayses of record within <br />sixty (80) days from the adoption of the plan, then the bard of Administrators shall forthwith lvlm <br />a notice matting forth such fact or facts, and upon the recording of such notice with the Office of <br />the Register of Seeds of Hall County, Nebraska, by the Association's Prseioleht and Secretary or <br />Assistant Secretary, the entire remaining promises shall be offered for sale and sold by the <br />Association pursuant to the provisions of this Article. as attorney-in -fact for all of the owners, <br />free and clear of the provisions contained in the Hater Ned. the Articles of Incorporation and theme <br />By-Laws. The insurance settlement proceeds shall be collected by the Association. and such proceeds <br />shall be divided by the Association according to each owner's interest in the general common slesents, <br />and such divided pra»da Wall be paid into separate accounts, each much account representing are of <br />the condominium suites. Each much account shall be in the name of the Association, and shall be <br />further identified by the 001113001i01ium suits dermination and the name of the owner. From each <br />separate account, the Assao/atian, am attorney -in -fact. shall forthwith use and disburse the total <br />amount of each Of much accounts. without contribution from one account to another, toward the partial <br />or full payment Of the lien of any first mortgage against the ca dominium suits represented by much <br />separate account. Thereaf ter. each such account shall be supplemented by the apportioned amount of <br />the proceeds obtained from the sale of the entire property and any available funds of the Association. <br />such apportionment anal t be based upon each condominium suite owmr's interest in the general common <br />elements. The total fund. of each account shall be used and disbursed. without contribution from am <br />mmornt to another. by the Association. as attorney -in -fact. es set forth in Section s Of Article X. <br />In the event of a taking by condemnation or eminent domain of all or part of the common arum. <br />:he award made shall be paid to the Board of Administrators. 11? owners of the suites in the <br />:ondminium Property ;Wgime do rot, within sixty (60) days from the date of the award, unanimously <br />approve the use of tt�r croceeds from the award for use in repairing, expanding or restoring the common <br />area. the bard of Aninnistrators shat 1 forthwith dlsburav the net proceeds of the award for the sum <br />rurpose and in the same order as is provided in section a of Article X. <br />In the event of male of the entire Regime pursuant to Section 3 of Article X. or upon adoption <br />if such a plan upon termination of the Condominium Property Raging pursuant to Section 1 of Article <br />d2, or otherwise. the Asgrwtiat.-Lon shall have all the powers met forth in Article X in dealing with a <br />nurddeeer or purchasers as attorney -in -fact. <br />3a pion a Analication Of ProcesW <br />P•oceeds received as set forth in the preceding Sections and as applicable to each suite shall <br />De usea Ara disbursed by the Association as attarnoy -in -fact, in the following order: <br />(a) For payment of taxes and special assessments, liana in favor of any assessing entity <br />and the customary expense of sale. <br />(b) For payment of the balance of the lien Of any first mortgage: <br />;t) For payment of unpaid assessments and all costs, expenses and foes incurred by the <br />Association: <br />(d) For payment of junior liens and eneusbranees in the oroo- of and to the extent of their <br />priority: w„d <br />(e) The h,.lance remaining, if any, shall to paid to the condominium suite owner. <br />Section 9. No MatemeIIt Qf As" aSMnts, <br />Assessments for common expenses Shall not be abated during the period of insurance a0ustment <br />and repair and reconstruction, remodeling or reconstruction, nor prior to sale of any suits for <br />delinquent unpaid assessments. <br />ARTICLE X1. TIRMIiIATION OR AMENDMENT <br />Q�,ti$1.1. Terelnati.QRa <br />Except as otherwise provided, owners of all of the suites in any of trey Condominia shall have <br />the right to terminate this Corndominium Property Regime. Subject to the conditions of Section 76 -812 <br />of the Condominium Act, by uraniaoue action. However, t :'ore 90 acting they must give sixty (60) days <br />prior written consent to all of the then monbers of the Association. <br />',}.Rion 2._- .9ise ^Qm!eDt_.tzz_HlAbera. <br />There shall be no amendment to thaje By-Laws urtess sevonty -five per!:snt/75S) or more of the <br />members of the then Association sra11 have voted tnerovnr in the affirmative at a special or Anna" <br />meeting; provided, however. that rercentage voting renu ;rovents contained in these By -Laws shall not <br />be amended by a lesser perr-en *.age vote than :hat nougnt to be amended, and provided further that sucr` <br />amendment %ha11 have the approval of more -thR^ fifty percent (50 %:. •r number, of the first mortgagees <br />of record in all of the Condominia upor tree date of adoption of oa,c amendment. <br />'•1 g&:LQn_.,la Amendment by re%Rq ctq� <br />Anything contained ,r thealt 8V-LSw% .Ir in the +taster Deed or Articles of Incorporation to the <br />contrary notwithstanding, anti; r7ece>*re^ 31, 1993. c• until Developer releases control of the <br />Association. whrrhever first occurs. :level -::er reserves the right to supplement or amend the*@ By -Laws <br />for clarification, correction or otherwrse in the best interests of all suite owners, including <br />Developer; provided that any such supplement o• amendment shall be approved by more than fifty percent <br />(SO%), in number of all existing first mortgage holders of record, in wr4ting. <br />
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