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200606199 real property, and such owner hereby expressly grants to the Association a power of sale in connection with said lien. The lien provided for in this section shall be in favor ofthe Association and shall be fore the benefit of all other Owners. The Association acting on behalf of the Owners, shall have the power to bid in an interest foreclosed at foreclosure sale and to acquire and hold, lease, mortgage and convey the same. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the common area or abandonment of a Lot. 9. Notice of Lien . At any time any assessment becomes more than thirty (30) days past due, the Association or its agents may file of record an affidavit stating the facts relative thereto, which affidavit shall serve as public notice of the existence of the lien, and that the lien shall also cover unpaid assessments which accrue after the date ofthe filing of the lien. No purchaser or mortgage holder who does not have personal or public notice of the lien shall be subject thereto and the lien shall not be foreclosed where any such bona fide purchaser or mortgagee has an interest of record in said Lot. 10. Subordination ofthe Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which become due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof. ARTICLE IX THE ASSOCIATION 1. Membership. Every person or entity who is a record owner of a fee or undivided fee interest in any numbered Lot which is subject to the Declaration shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. 2. Membership Classes and Voting Rights. The Association, at this time, shall have only one class of voting membership. The vote for each lot shall be one (1) vote per lot. 3. Authority. The Association shall have the full power and authority of all corporations formed under the Nebraska Non-Profit Corporation Act, except that any provisions of this Article of this Declaration which are more restrictive than the Nebraska Non-Profit Corporation Act shall be binding upon the Association. The management and the affairs ofthe Association shall be under the exclusive direction and control ofthe Board of Directors of the Association, except as is specifically reserved to Developer herein and as limited by this Declaration. The Board of Directors may hire such employees or independent contractors as it sees fit to perform its duties under this Amended Declaration. 4. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, any and all provisions of this Declaration. No failure to enforce any provisions hereof shall be deemed in any event to constitute a waiver ofthe right to do so thereafter. 9