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20211 1 0035 <br />Section 5. Date of Commencement of Assessments: Due Dates. The regular <br />assessments provided for herein shall commence the month following the adoption of these <br />assessments. The Board of Directors shall fix the amount of the assessment against each Owner at <br />least thirty (30) days in advance of each annual assessment period. Written notice of the assessment <br />changes shall be sent to every Owner subject thereto. The Association shall, upon demand, and for a <br />reasonable charge, furnish a certification signed by an officer of the Association setting forth whether <br />the assessments on a specified Townhome have been paid. <br />Section 6. Effect on Nonpayment of Assessments: Remedies of the Association. Any <br />assessment not paid within thirty (30) days after the due date shall bear interest from the due date oat <br />the rate of nine person (9%) per annum. If three or more monthly installments of assessment on any <br />Townhome shall be unpaid, then the remaining installments of the assessments for such fiscal year, <br />at the option of the Board of Directors, shall become at once due and payable. The Association may <br />bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien <br />against the property int eh same manner as provided by law for the foreclosure of mortgages. No <br />Owner may waive or otherwise escape liability for the assessments provided herein by non-use of the <br />common area or abandonment of his Townhome. <br />Section 7. Subordination of the Lien to Mortgages and Release of Lien. The lien of the <br />assessment provided for herein shall be subordinate to the lien of any first mortgagee may rely on this <br />provision without execution of any transfer of any Townhome shall not affect the status or priority of <br />the lien for assessments made as provided herein. The Board of Directors of the Association may <br />release the lien of past due assessments on the property as to which the first mortgage is in default in <br />the Board determines that the lien has no value to the Association. <br />Section 8. Exempt Property. All properties dedicated to and accepted by a local public <br />authority and all properties owned by a charitable or nonprofit organization exempt from taxation by <br />the laws of the State of Nebraska shall be exempt from the assessments created herein except that no <br />lot, land, or improvements devoted to dwelling use shall be exempt from said assessments. <br />ARTICLE V. <br />ARCHITECTURAL AND LANDSCAPPING CONTROL <br />Section 1. No building, fence, wall, or other structure shall be commenced, erected, or <br />maintained upon the properties, nor shall any exterior addition to or change or alteration therein be <br />made until the plans and specifications showing the nature, kind, shape, height, material, exterior <br />color scheme, and location of the same shall have been submitted to and approved in writing as to <br />harmony of external design, preservation of views of the golf course, and location in relation to <br />surrounding structures and topography by an Architectural Committee composed of three (3) or more <br />representatives appointed by the Board of Directors ("Architectural Committee") or by the Board of <br />Directors of the Association, which shall perform the duties hereunder of the Architectural Committee <br />if no Architectural Committee is appointed. In the event the Architectural Committee fails to approve <br />or disapprove such design and location within sixty (60) days after said plans and specifications have <br />been submitted to it, approval will not be required, and this Article will be deemed to have been fully <br />complied with. Each Owner shall be responsible for all roof maintenance and for painting, repair, <br />maintenance, and replacement of all exterior siding, including doors, garage doors and the mechanical <br />operators thereof, and all window glass and screening. If any Owner fails to repair, maintain, or <br />replace the exterior surfaces, the Association shall provide written notice of said failure to the Owner. <br />If after fourteen (14) days of receiving notice, the Owner has failed to correct such failure to repair, <br />the Association may perform such work and invoice the Owner thereof and secure and enforce a claim <br />and lien. Any colors should coincide with the color scheme as established by the Architectural <br />Committee. <br />Notwithstanding anything to the contrary, replacement of any roof, replacement of exterior <br />siding as herein defined, and the construction of any brick, stone or other landscaping or retaining <br />wall shall be subject to the review of all members, of the Association at a duly held special meeting <br />4 <br />