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88- 105085 regardless of whether such lot was expected to be an improved lot in such year at the time of determining the assessment and budget. As provided in the Bylaws, the first regular assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the assessment against each lot at least thirty (30) days in advance of each annual assessment period. Written notice of the assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certification signed by an officer of the Association setting forth whether the assessments on a specified lot have been paid. Section 7. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of nine per cent (9%) per annum. If three or more monthly installments of assessment on any lot shall be unpaid, then the remaining installments of the assessment for such fiscal year, at the option of the Board of Directors, shall become at once due and payable. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property in the same manner as provided by law for foreclosure of mortgages. No Owner may waive or otherwise escape liability for the assessments pro- vided herein by non-use of the common area or abandonment of his lot. Section 8. Subordination of the Lien to Mortgages and Release of Lien. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage, and any first mortgagee may rely on this provision without execution of any further subordination agreement by the Association. Sale or transfer of any lot shall not affect the status or priority of the lien for assessments made as provided herein. The Board of Directors of the Association may release the lien of past due assessments on property as to which the first mortgage is in default if the Board determines that the lien has no value to the Association. Section 9. Exempt Property. All properties dedicated to, and accepted by, a local public authority and all properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of Nebraska shall be exempt from the assessments created herein except that no lot, land or improvements devoted to dwelling use shall be exempt from said assessments. ARTICLE V. ARCHITECTURAL CONTROL No building, fence, wall or other structure shall be commenced, erected or maintained upon the properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, exterior color scheme, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by an Architectural Committee composed of three (3) or more repre- sentatives appointed by the Board ("Committee") or by the Board of Directors of the Association, which shall perform the duties hereunder of the Committee if no Committee is appointed. In the event the Committee fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. -5-