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200506707
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Last modified
10/17/2011 9:35:04 AM
Creation date
10/28/2005 11:28:17 AM
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DEEDS
Inst Number
200506707
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200506707 <br />condominium at the time the judgment was entered. Other property of a unit owner is not <br />subject to the claims of a creditor of the Association. <br />11.1 Security Interest in Corm on Elements. If the Association has granted a <br />mortgage, deed of trust or security interest in the common elements to a creditor of the <br />Association, pursuant to Article XIII., the holder of that security interest must exercise its <br />right against the common elements before its judgment lien on any unit may be enforced. <br />11.2 Lien Against Two or More Units. Whether perfected before or after the <br />creation of the condominium, if a lien other than a deed of trust or mortgage becomes <br />effective against two or more units, the unit owner of an affected unit may pay to the lien <br />holder the amount of the lien attributable to his unit and the lien holder, on receipt of <br />payment, shall promptly deliver a release of the lien covering that unit. The amount of <br />the payment shall be proportioned to the ratio which that unit owner's common expense <br />liability bears to the common expense liabilities of all unit owners whose units are subject <br />to the lien. After payment, the Association shall not assess or have a lien against that unit <br />owner's unit for any portion of the common expenses incurred in connection with that <br />lien. <br />ARTICLE XII. <br />AMENDMENT OF DECLARATION <br />12.0 Amendment of Declaration. Except in cases of amendments that may be <br />executed by the Association in the event of condemnation as provided by the <br />Condominium Act or by certain unit owners as provided by the Condominium Act, and <br />except to the extent permitted or required by other provisions of the Nebraska <br />Condominium Act and amendments thereof, this Declaration may be amended only by a <br />vote of the unit owners to which at least 67% of the votes in the Association are <br />allocated. The consent of the Declarant is required to an amendment during any period of <br />Declarant control. Within thirty (30) days after the adoption of any aniendinent pursuant <br />to this Section, the Association shall prepare, execute and record a written instrument <br />setting forth the amendment. <br />12.1 Challenge of Validity of Amendment. An action to challenge the validity of <br />an amendment adopted by the Association pursuant to this Section shall r)ot be brought <br />more than one year after the amendment is recorded. <br />12.2 Recording Amendment. An amendinent to the Declaration shall be recorded <br />in I lall County, Nebraska and is effective only on recordation. <br />12.3 Limitation on Amendments. Except to the extent expressly permitted or <br />required by other provisions of this Declaration, an amendment shall not create or <br />increase the special Declarant rights, increase the number of units or change the <br />boundaries of any unit, the allocated interest of a unit or the uses to which any unit is <br />restricted, in the absence of an unanimous consent of the affected unit owners. <br />- 15 - <br />
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