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200400023 <br />following termination, the unit owners shall become tenants in common and <br />while the tenancy in common exists, each unit owner and his or her <br />successors in interest shall have an exclusive right to occupancy of that <br />portion of the real estate that formerly constituted his or her unit. In no <br />event may any part of the property be sold or otherwise disposed of without <br />the prior termination or waiver of the condominium, unless sale or <br />disposition is approved in writing by owners representing one hundred <br />percent (100 %) of the unit owners and by holders of all mortgages of record <br />covering any units within the condominium. Notwithstanding any provision <br />in the By -Laws, there shall be no reduction or deletion or conveyance of the <br />common elements without the prior written consent of the holders of all <br />mortgages of record against any units within the condominium. <br />(s) Unless a greater number is required by law, owners of units representing <br />two thirds (2/3) or more of the units may at any time in writing, duly <br />acknowledged and recorded in the office of the Register of Deeds of Hall <br />County, Nebraska, effect an amendment to the By -Laws which are attached <br />hereto and as the same may, from time to time, have been amended. <br />Unless a greater number is required by law, owners representing three <br />fourths (3/4) or more of the units may in writing, duly acknowledged and <br />recorded in the office of the Register of Deeds of Hall County, Nebraska, <br />effect an alteration, deletion or amendment to this Master Deed and <br />Declaration as the same may have been amended from time to time, except <br />for the time that Declarant has control over the Association pursuant to <br />Article VI, Section (b). Changes shall not bind any then existing mortgage <br />holders of record unless they shall likewise consent to said change in <br />writing. <br />(t) All notices required hereby shall be in writing and sent by certified or <br />registered mail, return receipt requested: <br />(1) To an owner at his last known address on the books of the <br />Association. <br />(2) To the condominium or the Association at the registered <br />office of the Association. <br />ARTICLE IX. SEPARATE TAXATION <br />Declarant shall give written notice to the County Assessor of Hall County, Nebraska, of the <br />creation of the condominium so each unit in the condominium, including the undivided interests in <br />the common elements appurtenant thereto, shall be deemed a parcel and subject to separate <br />assessment and taxation. <br />ARTICLE X. EASEMENTS <br />Easements are hereby reserved and granted from and to owner and each owner of unit for <br />encroachment. If any part of a unit encroaches upon any other unit or the common elements or <br />if any such encroachment shall hereafter occur due to the settling or shifting of the building or for <br />any other reason, or if such building is repaired or rebuilt after damage or destruction. The <br />Association shall have an easement in and upon each unit for the performance and repairs upon <br />the common elements and for emergency repairs to any part of the unit. <br />ARTICLE XI. BE SUBJECT TO MASTER DEED AND DECLARATION <br />BY -LAWS, AND RULES AND REGULATIONS <br />All present and future owners, tenants and occupants of units shall be subject to, and <br />comply with the provisions of this Master Deed and Declaration, the By -Laws, and the rules and <br />regulations as they may be amended from time to time. The acceptance of a deed or conveyance <br />and entering into of a lease or the entering into occupancy of any unit shall constitute an agreement <br />that the provisions of this Master Deed and Declaration, the By -Laws, and the rules and <br />regulations, as they may be amended from time to time, are accepted and ratified by such owner, <br />2 <br />