Laserfiche WebLink
99 10�37�' <br /> 13.3 Anything in this CAMA to the contrary notwithstanding, no breach of this <br /> CAMA shall defeat or render invalid the lien of any mortgage or deed of trust made in good faith <br /> for value, but this CAMA shall be binding upon, and be effective against, any Owner whose title <br /> is acquired by foreclosure, trustee's sale or otherwise. <br /> 13.4 Each term, covenant, condition and agreement contained herein respecting <br /> any Parcel shall be a burden on that Parcel, shall be appurtenant to and for the benefit of the other <br /> Parcels and each part thereof, and shall run with the land. <br /> 13.5 This CAMA may not be modified in any respect whatsoever or <br /> terininated, in whole or in part, except with the consent of the Owners of the Parcels containing <br /> ninety percent (90%) of the total square footage of Building Area (calculated based upon the <br /> J <br /> maximum allowed Building Area for each Parcel, as shown on Exhibit "A") in the Shopping <br /> Center at the time of such modification or termination, and then only by written instrument duly <br /> executed and acknowledged by all of the required Owners, duly recorded in the office of the <br /> recorder of Hall County, Nebraska. No modification or termination of this CAMA shall affect <br /> the rights of any Lienholder as to whom the Consenting Owners have been given written notice <br /> (including name and address), unless the Lienholder consents in writing to the modification or <br /> termination. <br /> 13.6 (a) Whenever the consent or approval of any Owner is required, such <br /> consent or approval shall be exercised only in the following manner. Each Parcel shall have only <br /> one (1) vote. The Owners (if consisting of more than one [1 J person) of each Parcel shall agree <br /> among themselves and designate in writing to the Owners of each of the other Parcels a single <br /> person who is entitled to cast the vote for that Parcel. If the Owners of any such Parcel cannot <br /> agree who shall be entitled to cast the single vote of that Parcel, or if the Owners fail to designate <br /> the single person who is entitled to cast the vote for that Parcel within thirty (30) days after <br /> receipt of request for same from any Owner, then that Parcel shall not be entitled to vote. In the <br /> event a Parcel is not entitled to vote, its consent or approval shall not be necessary, and the total <br /> square footage of allowed Building Area (being the maximum Building Area shown for such <br /> Parcel on Exhibit "A") located on said Parcel shall be disregarded for the purpose of computing <br /> the percentage requirement set forth in Section 13.5. <br /> (b) Whenever consent is required to be obtained from the Consenting <br /> Owners hereunder, the consent needed shall be that of the Consenting Owners for the Phase of <br /> the Shopping Center in which the Parcel, building, Building Area, or Common Area in question <br /> is located. The Budget approval(s) required hereunder to be obtained from the Consenting <br /> Owners shall mean approval(s) from the Consenting Owners of the Phase or Phases responsible <br /> hereunder to contribute to the cost of such work, unless the Consenting Owners agree in writing <br /> to maintain the Common Areas of the Phases pursuant to separate Budgets (which shall not, <br /> 18 <br />