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200315961 B. No Waiver of Rights: The failure of the Association, the Declarant or any Unit Owner to enforce any covenant, restriction or other provision of the Condominium Property Act or the Condominium Documents shall not constitute a waiver of the rights to do so thereafter. C. Limitations on Mortgagee Liabilities: Where the mortgagee of a mortgage of record, beneficiary of a Deed of Trust, or the purchaser or purchasers of a Unit, obtains title to the Unit as a result of foreclosure of a mortgage, sale by Trustee to satisfy an obligation of Deed of Trust, or by voluntary conveyance in lieu of such foreclosure or sale, said mortgagee shall not be liable for the shares of common expenses or assessments by the Association pertaining to such Unit, chargeable to the former Unit Owner of such Unit, which became due prior to the acquisition of title by said mortgagee or purchaser as a result of foreclosure or trustee's sale or voluntary conveyance in lieu of said foreclosure. Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all the Unit owners, including the mortgagee or its successors or assigns. The waiver of liability granted herein for the payment of past due assessments shall not apply to any Unit Owner who holds a purchase money mortgage or land contract. 18. Amendments to the Declaration. Except as elsewhere provided otherwise, this Declaration may be amended in the following manner: A. Notice: Notice of the subject matter of the proposed amendment shall be included in the notice of any meeting at which a proposed amendment is considered. B. Resolutions: Resolutions for the adoption of a proposed amendment may be proposed by either the Executive Board or by the voting members of the Association. Board members and voting members not present in person by proxy at the meeting considering the amendment may express their approval in writing, providing such approval is delivered to the Secretary of the Association at or prior to the meeting. Except as elsewhere provided, such approval must be by voting members who represent not less than 67% of the allocated value of the Property as defined in Exhibit "A ". C. Proviso: No amendment shall unlawfully discriminate against any Unit owner nor against any Unit or class or group of Units; and no amendment shall change any Unit or the share in the common elements appurtenant to it, nor increase the Unit Owner's share of the common expenses unless the record Unit Owner of the Unit concerned shall in writing consent to the amendment. 20. Execution and Recordinu. A copy of each amendment shall be attached to a certificate certifying that the amendment was duly adopted, which certificate shall be executed by the officers of the Association. The amendment shall be effective when such certificate and copy of the amendment are recorded in the Register of Deeds of Hall County, Nebraska. 21. Termination. Old Walnut may be terminated in the manner provide by the Nebraska Condominium Act. Otherwise, Old Walnut may be terminated by the written approval of Unit Owners who represent not less than 80% of the allocated value of the Property and the written approval of all mortgagees. Termination shall be subject to the following provisions: A. Certificate: Termination of the condominium shall be evidenced by a certificate of the Association executed by its president and secretary certifying as to facts affecting the termination, which certificate shall become effective upon being recorded in the office ofthe Register of Deeds of Lancaster County, Nebraska. B. Shares of Unit Owners after Termination: After termination of Old Walnut, the Unit Owners shall own the Property and all assets of the Association as tenants in common, undivided shares, according to the allocated values as shown in Exhibit "C ". C. Amendment of Termination Provision: The provision herein concerning termination cannot be amended without consent of the Unit Owners who represent 80% of the allocated value of the Property and the written approval of all mortgagees. 22. Severabili!y. The invalidity in whole or in part of any covenant or restriction, or any section, subsection, sentence, clause, phrase or word or other provision of the Declaration shall not affect the validity of the remaining portions. This Declaration shall be interpreted wherever possible to be in accordance with the Nebraska Condominium Act. Where not so possible, that portion of the Declaration shall be deemed invalid and the provisions of the Act shall control. IN WITNESS WHEREOF the Declarant has executed this Declaration the day and year first above written. Walnut Housing, Ltd., Grantor. By: STATE OF NEBRASKA ) Ward Y. Hoppe, Man er ) SS: of Walnut Redevelopment, LLC LANCASTER COUNTY ) General Partner The foregoing Declaration was acknowledged before in this 4a of ec ber, 2003, by Ward F. Hoppe on behalf of the Partnership. XUNE!PAL NO TARY- S76ecofl. Nebraska Notary Pu 1'c SCOTT MGT Comm. E>�. 2005 O:\Personal\FRED \Walnut \Old Walnut Condo \C - Declaration- OldWalnut.wpd 6