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200409559
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Last modified
10/16/2011 9:20:55 PM
Creation date
10/21/2005 4:34:13 AM
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DEEDS
Inst Number
200409559
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181 20.010 9184 <br />200409559. 20.0210 . <br />The, first interim assessment shall accrue, as to a purchaser of a <br />unit from Declarant upon the first day of the next calendar month following <br />the date. of closing. Interim assessments shall become .due and payable upon <br />the first day of each calendar month. <br />ection 4. Snecia <br />Special assessments may be assessed and,levied against each unit in <br />addition to the annual or interim assessments provided for above, during <br />any assessment year for the purpose of defraying, in whole or.in part, the <br />cost of any. construction, reconstruction, improvement, repair or <br />replacement of a capital improvement of the .conimon element including <br />fixtures and personal property; subject to -the owner approval provisions <br />of the Master Deed.and Declaration and these By -Laws. Where no provision <br />is applicable, the discretion of the :Executive Board shall control. <br />Special assessments shall be due and payable 'thirty (30) days after <br />the assessment is levied against the owners and .notice thereof has been <br />given, and special assessments not paid.within thirty. (30). days thereafter <br />shall be treated according to the interest and lien provisions hereafter. <br />Section 5 Escrow of Assessments <br />The Directors of the Association may arrange to have all assessments <br />in Section 4 of Article V paid to an escrow fund to be held and managed by <br />a bank or savings and loan association. <br />Section 6 Personal Assessment Liability. <br />Each unit owner or, if more than one,. owners,. jointly and severally, <br />shall be personally liable for the payment of assessments .under .the' <br />preceding Sections. Upon the expiration of thirty (30) days from the. due <br />date of an assessment, if said assessment remains unpaid, the Association <br />may bring suit against the owner or owners of said unit for recovery of the. <br />same. If the assessment is a monthly installment or, an annual assessment; <br />the default in payment of one. installment when due, ".may, at the option of <br />the Association; cause the remainder.. of the installments due for that <br />annual period to become immediately due and payable. The defaulting unit <br />owner shall be liable for the unpaid assessment or assessments, interest <br />thereon from the due-date to the date paid at the highest legal rate, and <br />attorney fees and expenses incurred in the collection of the. same. No <br />proceeding to collect defaulted assessments pursuant to this Section shall <br />constitute a waiver of the lien of the Association against said defaulting <br />owner's unit nor a waiver of the right of the Association to foreclose <br />thereon. <br />The grantee of a unit shall be jointly and severally liable with the <br />grantor for all unpaid. assessments against the latter up to the time of the <br />grantor conveyance, without prejudice to the grantee's right. to. recover <br />from the grantor the amounts paid by the grantee. therefor, provided, <br />however, that upon payment of a reasonably fee and upon written request, <br />any such prospective grantee shall. be-entitled to a statement from the <br />Executive Board or the Manager, in the form set forth in Section 8 of <br />Article V, which shall be conclusive upon.the Association in favor of all <br />persons relying thereon in good faith. Unless such request for a. statement <br />of indebtedness shall be complied with within fifteen (15) days of such <br />request, then such grantee shall not be liable for, nor shall the <br />condominium unit conveyed be subject to .a lien for any unpaid assessments <br />accruing prior to the date of such request. <br />The provisions set forth in this Section sliall not apply to the <br />initial sales and conveyances of the condominium units made by the- <br />Declarant,-and such sales shall be'free from all assessments to the date <br />of conveyance <br />Section 7 Assessment Lien. <br />If any unit owner shall fail or refuse. to make any payment of an <br />assessment when due, the amount thereof shall constitute alien on the <br />interest of the unit owner in his unit and the Directors may record such <br />lien in the. office of the, Register of Deeds of Hall.County, Nebraska; <br />whereupon, said lien shall be privileged over and prior to all liens and <br />encumbrances.except assessments, liens.and charges for taxes past due and <br />unpaid on the unit -and_,except prior duly recorded mortgage and lien <br />8 <br />
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