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200609368 (b) The Association may bring an action at law or in equity or both against any Unit Owner personally obligated to pay such overdue Assessments, may foreclose its lien against such Unit Owner's Unit. An action at law or in equity by the Association against a Unit Owner to recover money judgment for unpaid Assessments may be commenced and pursued by the Association without foreclosing or in any way waiving the Association's lien therefore. If any such Assessments are not fully paid when due and the Association commences such action (or counterclaims or cross claims for such relief in any action) against any Unit Owner personally obligated to pay the same, or proceeds to foreclose its lien against the particular Unit, then all unpaid Assessments, and any and all late charges and accrued interest under this Section, the Association's costs, expenses and reasonable attorneys' fees incurred in preparing and recording any lien notice, and the Association1s costs of suit, expenses and reasonable attorneys' fees incurred for any such action and/ or foreclosure proceedings shall be taxed by the court as a part of the cost of any such action or foreclosure proceeding and shall be recoverable by the Association from any Unit Owner personally obligated to pay the same and from the proceeds of the foreclosure sale of such Unit Owner's Unit. Foreclosure, attempted foreclosure, or failure to foreclose by the Association of its lien shall not be deemed to estop or otherwise preclude the Association from thereafter again foreclosing or attempting to foreclose its lien for any subsequent Assessments not fully paid when due. (c) Priority of Liens. A lien under this Section is prior to all other liens and encumbrances on a Unit except: (a) liens and encumbrances recorded before the recordation of this Declaration: (b) a first Security Interest on the Unit recorded before the date on which the Assessments sought to be enforced became delinquent; and (c) liens for real estate taxes and other governmental assessments or charges against the Unit. ARTICLE VII. COVENANTS, CONDITIONS AND RESTRICTIONS The following covenants, conditions and restrictions relating to this condominium regime shall run with the land and shall be binding upon all grantees, devisees, mortgagees and any other persons who use the property, including the persons who acquire the interest of the owner through foreclosure, enforcement of any lien or otherwise: (a) The P and F CONDOMINIUM HOMEOWNERS ASSOCIATION, a Nebraska Nonprofit Corporation has been incorporated to provide a vehicle for the management of the condominium. The owner of each Unit in the condominium shall automatically be deemed a member of the Association upon the filing of the Declaration creating such condominium. The Bylaws of said Association are also the Bylaws of this condominium property. (b) All common elements are for the use and enjoyment of all owners. The limited common elements are for the exclusive use of the owner of the Unit or Units to which they are appurtenant, his/her family, guests and invitees. The ownership of the common elements shall remain undivided and no person or Owner shall bring any action for the partition or division of the common elements. The Association shall from time to time establish rules and regulations for the use of the common elements, and all Owners and users shall be bound thereby. The Association shall have the sole jurisdiction over and responsibility for alterations, improvements, repairs and maintenance of the common elements. The share of an Owner in the common elements is appurtenant to his or her Unit and inseparable from Unit ownership. Assessments against Owners for insurance, common element expenses and reserves, and for other expenses incurred by the Association shall be made pursuant to the Bylaws. Assessments paid within thirty (30) days after the date when due shall not bear interest, but all sums not paid within said thirty (30) day period shall bear interest at the highest legal rate from due date until paid. (c) Each owner shall be responsible: (1) To maintain, repair and replace, at his or her expense, all portions of his or her Unit. (2) To maintain and repair or replace as necessary all utilities within that owner's Unit or garage and any damage to the common utilities caused by use within that Unit or garage. 4