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20070~536 Association shall not assess or have a lien against that unit owner's unit for any portion of the common expenses incurred in connection with that lien. ARTICLE XII. AMENDMENT OF DECLARATION 12.0 Amendment of Declaration. Except in cases of amendments that may be executed by the Association in the event of condemnation as provided by the Condominium Act or by certain unit owners as provided by the Condominium Act, and except to the extent permitted or required by other provisions of the Nebraska Condominium Act and amendments thereof, this Declaration may be amended only be a voted of the unit owners to which at least 67% of the votes in the Association are allocated. The consent ofthe Declarant is required to an amendment during any period of Declarant control. Within thirty (30) days after the adoption of any amendment pursuant to this Section, the Association shall prepare, execute and record a written instrument setting forth the amendment. 12.1 Challenge of Validity of Amendment. An action to challenge the validity of an amendment adopted by the Association pursuant to this Section shall not be brought more than one year after the amendment is recorded. 12.2 Recording Amendment. An amendment to the Declaration shall be recorded in Hall County, Nebraska and is effective only on recordation. 12.3 Limitation on Amendments. Except to the extent expressly permitted or required by other provisions of this Declaration, an amendment shall not create or increase the special Declarant rights, increase the number of units or change the boundaries of any unit, the allocated interest of a unit or the uses to which any unit is restricted, in the absence of an unanimous consent of the affected unit owners. 12.4 Manner of Execution. Amendments to this Declaration required to be executed by the Association shall be executed on behalf of the association by any officer of the Association designated for that purpose, or, in the absence of designation, by the president of the association. ARTICLE XIII. CONVEYANCE OR ENCUMBRANCE OF COMMON ELEMENTS 13.0 Conveyance or Encumbrance of Common Elements. Portions of the common elements may be conveyed or subjected to a mortgage, deed of trust or security interest by the Association if persons entitled to cast at least 80% of the votes in the Association agree to that action in the manner prescribed in the Condominium Act, except that all of the owners of units to which any limited common element is allocated must agree in order to convey that limited common element or subject it to a mortgage, deed of trust or security interest. Proceeds of the sale or encumbrance of the common elements are an asset of the Association. 13.1 Contents of Agreement. An agreement to convey common elements are subject then to a mortgage, deed of trust or security interest shall be evidenced by the execution of an agreement or ratification of the agreement in the same manner as a deed, by the requisite number of unit owners. The agreement shall specify a date after which the agreement will be void unless previously recorded. The agreement and all ratifications of the agreement shall be recorded in Hall County, Nebraska. 13.2 Contract by Association. The Association, on behalf of the unit owners, may contract to convey an interest in the common elements, but the contract is not enforceable against the Association until approved - 12 -