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200511123
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Last modified
11/9/2005 3:16:46 PM
Creation date
11/9/2005 2:12:36 PM
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DEEDS
Inst Number
200511123
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<br />200511123 <br /> <br />(b) The general common elements are for the use and enjoyment of all <br />owners. The outside perimeter block wall shall be considered a <br />general element. The limited common elements are for the exclusive <br />use of the owner of the unit or units to which they are appurtenant, <br />their family, guests, servants, and invitees. <br /> <br />(c) The ownership of the common elements shall remain undivided, and <br />no person or owner shall bring any action for the partition or division <br />of the common elements. The phrase "common elements" used in <br />this Master Deed and Declaration and amendments thereto shall <br />include both general and limited common elements unless otherwise <br />specified. The Association shall from time to time establish rules and <br />regulations for the use of the common elements, and all owners and <br />users shall be bound thereby. The Association shall have the sole <br />jurisdiction over and responsibility for alterations, improvements, <br />repairs and maintenance of the common elements, including the <br />perimeter block wall. The share of an owner in a common element is <br />appurtenant to his or her unit and inseparable from the unit <br />ownership. Assessments against owners for insurance, common <br />elements expenses and reserves, and for other expenses incurred by <br />the Association shall be made pursuant to the By-Laws. <br />Assessments made within ten (10) days after the date when due shall <br />not bear interest, but all sums not paid within said ten (10) day period <br />shall bear interest at the highest legal rate at which individuals may <br />contract under the laws of this state from the due date until paid. If <br />any owner shall fail or refuse to make any payment of such <br />assessments when due, the amount thereof plus interest shall <br />constitute a lien upon the owner's interest in his or her unit and in the <br />property as defined in Section 76-874 R.R.S. Neb. upon the recording <br />of such lien by the Association in the office of the Register of Deeds <br />of Hall County, Nebraska, such amount shall constitute a lien prior <br />and preferred over all other liens and encumbrances except <br />assessments, liens and charges for taxes due and unpaid on a unit <br />and except prior duly recorded mortgages and lien instruments. <br /> <br />(d) Each owner of a unit shall be responsible: <br /> <br />(1) To maintain, repair and replace at his or her expense, <br />all portions of his or her unit which are not included in <br />the definition and context of common elements and <br />each owner shall be responsible for the repair, <br />maintenance and replacement of all exterior doors, <br />including garage doors and the mechanical operators <br />thereof appurtenant to said owners unit; it being <br />understood that the only Association maintenance of <br />exterior doors shall be the painting or finishing of the <br />exterior surfaces thereof. If any owner fails to repair, <br />maintain or replace the exterior doors, including garage <br />doors of his or her unit as set forth in the Master Deed <br />and Declaration or amendments thereto and the By- <br />Laws or amendments thereto described herein, the <br />Association may perform such work, invoice the owner <br />thereof and secure and enforce a claim and lien <br />therefor against the owner and his or her unit in like <br />manner as a delinquent assessment for common <br />element expense. <br /> <br />5 <br />
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