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200602228
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Last modified
3/14/2006 3:18:22 PM
Creation date
3/14/2006 3:06:17 PM
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DEEDS
Inst Number
200602228
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<br />, " <br /> <br />200602228 <br /> <br />Section 7. Assessment Lien. <br /> <br />If any unit owner shall fail or refuse to make any payment of an assessment when <br />due, the amount thereof shall constitute a lien on the interest of the unit owner in his unit <br />and the Directors may record such lien in the Office of the Register of Deeds of Hall <br />County, Nebraska; 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 unpaid on <br />the unit and except prior duly recorded mortgage and lien instruments. Assessments <br />delinquent more than ten (10) days after the due date shall bear interest at the highest <br />legal rate from the due date until paid. The delinquency of one installment of an annual <br />assessment shall cause all remaining installments, at the option of the Association. to <br />immediately become due and payable. The Executive Board shall have the right and duty <br />to attempt to recover such common charges, together with interest thereon, and the <br />expenses of the proceeding, including attomey fees, in an action to recover the same <br />brought against such unit owner, or by foreclosure of the lien on such unit granted by <br />Section 76-874 of the Nebraska Condominium Act. In any action brought by the Executive <br />Board to foreclose a lien on a unit because of unpaid assessments, the unit owner shall <br />be required to pay a reasonable rental for the use of his unit, and the plaintiff in such <br />foreclosure action shall be entitled to the appointment of a receiver to collect the same. <br />The Executive Board, acting on behalf of all unit owners, shall have power to purchase <br />such unit at the foreclosure sale, and to acquire, hold, lease, mortgage, vote the votes <br />appurtenant. to conveyor otherwise deal with the same. A suit to recover a money <br />judgment for unpaid assessments shall be maintainable without foreclosing or waiving the <br />lien securing the same. <br /> <br />Section 8. Statement of Unoaid Assessments. <br /> <br />Upon the written request of any owner, prospective purchaser or of any mortgagee <br />of a condominium unit, the Executive Board. or the Managing Agent. shall issue a written <br />statement setting forth the amount of the unpaid assessments, if any, with respect to the <br />subject unit, the amount of the current periodic assessment and the date that such <br />assessment became due, any penalties due, and credit for advance payments or for <br />prepaid items, which statement shall be conclusive upon the Association in favor of all <br />persons who rely thereon in good faith. <br /> <br />Section 9. Nonwaiver. <br /> <br />The omission or failure to timely fix any assessments or deliver or mail a statement <br />for any period shall not be deemed a waiver, modification or a release of the owners from <br />their obligation to pay the same. <br /> <br />ARTICLE VI. INSURANCE <br /> <br />Section 1. Coveraae. <br /> <br />The Executive Board shall obtain and maintain, to the extent obtainable: <br /> <br />(a) Property insurance on the property (units) including the common <br />elements insuring against all risks of direct physical loss commonly <br />insured against. The total amount of insurance after application of <br />any deductibles shall be not less than ninety percent (90%) of the <br />actual cash value of the insured property at the time the insurance is <br />purchased and at each renewal date, exclusive of land, excavations, <br />foundations, and other items normally excluded from property <br />policies; and <br /> <br />(b) Liability insurance, including medical payments insurance, in an <br />amount determined by the Executive Board, but not less than <br />$1,000,000.00, covering all occurrences commonly insured against <br /> <br />10 <br />
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