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200314008 <br />Section 5. Escrow of Assessments. <br />The Directors of the Association may arrange to have all assessments in Section <br />4 of Article V paid to an escrow fund to be held and managed by a bank or savings <br />and loan association. <br />Section 6. Personal Assessment Liability. <br />Each unit owner or, if more than one, owners, jointly and severally, shall be <br />personally liable for the payment of assessments under the preceding Sections. Upon <br />the expiration of thirty (30) days from the due date of an assessment, if said <br />assessment remains unpaid, the Association may bring suit against the owner or <br />owners of said unit for recovery of the same. If the assessment is a monthly <br />installment of an annual assessment, the default in payment of one installment when <br />due, may, at the option of the Association, cause the remainder of the installments <br />due for that annual period to become immediately due and payable. The defaulting <br />unit owner shall be liable for the unpaid assessment or assessments, interest thereon <br />from the due date to the date paid at the highest legal rate, and attorney fees and <br />expenses incurred in the collection of the same. No proceeding to collect defaulted <br />assessments pursuant to this Section shall constitute a waiver of the lien of the <br />Association against said defaulting owner's unit nor a waiver of the right of the <br />Association to foreclose thereon. <br />The grantee of a unit shall be jointly and severally liable with the grantor for all <br />unpaid assessments against the latter up to the time of the grantor conveyance, <br />without prejudice to the grantee's right to recover from the grantor the amounts paid <br />by the grantee therefor, provided, however, that upon payment of a reasonable fee and <br />upon written request, any such prospective grantee shall be entitled to a statement <br />from the Executive Board or the Manager, in the form set forth in Section 8 of Article <br />V, which shall be conclusive upon the Association in favor of all persons relying <br />thereon in good faith. Unless such request for a statement of indebtedness shall be <br />complied with within fifteen (15) days of such request, then such grantee shall not be <br />liable for, nor shall the condominium unit conveyed be subject to a lien for any unpaid <br />assessments accruing prior to the date of such request. <br />The provisions set forth in this Section shall not apply to the initial sales and <br />conveyances of the condominium units made by the Declarant, and such sales shall <br />be free from all assessments to the date of conveyance. <br />Section 7. Assessment Lien. <br />If any unit owner shall fail or refuse to make any payment of an assessment <br />when due, the amount thereof shall constitute a lien on the interest of the unit owner <br />in his unit and the Directors may record such lien in the Office of the Register of Deeds <br />of Hall County, Nebraska; whereupon, said lien shall be privileged over and prior to all <br />liens and encumbrances except assessments, liens and charges for taxes past due and <br />unpaid on the unit and except prior duly recorded mortgage and lien instruments. <br />Assessments delinquent more than ten (10) days after the due date shall bear interest <br />at the highest legal rate from the due date until paid. The delinquency of one <br />installment of an annual assessment shall cause all remaining installments, at the <br />option of the Association, to immediately become due and payable. The Executive <br />Board shall have the right and duty to attempt to recover such common charges, <br />together with interest thereon, and the expenses of the proceeding, including attorney <br />fees, in an action to recover the same brought against such unit owner, or by <br />foreclosure of the lien on such unit granted by Section 76 -874 of the Nebraska <br />Condominium Act. In any action brought by the Executive Board to foreclose a lien <br />on a unit because of unpaid assessments, the unit owner shall be required to pay a <br />10 <br />