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84000586
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11/18/2008 4:06:24 PM
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11/18/2008 4:05:49 PM
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DEEDS
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84000586
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~:..-: <br />84--'r-c~o58s <br />VII. COVi:NANTS, CONDITIONS AND RESTRICTIONS. <br />The fellowinq covenants, conditions and restrictions <br />relating to this condominium regime shall run with the land <br />and shall be binding upon all grantees, devisees, mortgagees <br />and any other persons who use the property, including the <br />persons who acquire the interest of any owner through fore- <br />closure, enforcement of any lien or otherwise: <br />a. The Brentwood By-The-Lake Condominium oa-nets <br />Association, Inc., a Nebraska Non-Profit Corporation, has <br />been incorporated to provide a vehicle for the management of <br />the condominium and each additional Condominium Property <br />P.egime that is created in Drentwood Third Subdivision. The <br />owner of each suite in each of such condominia shall auto- <br />matically be deemed a member of the Association upon the <br />filing of the Master Deed creating each condominia. The Hy- <br />Laws of said Association are also the ey-Laws of this condo- <br />minium property regime and are attached hereto as Exhibit <br />"B". After more than one condominium property regime is <br />created in Brentwood Third Subdivision, the expenses of the <br />Association shall be allocated as provided in Article III, <br />Section 14 of those By-Laws. <br />b. All general common elements are for the use <br />and enjoyment of all owners. The limited common elements <br />are for the exclusive use of the owner of the suite or <br />suites to which they are appurtenant, his family, quests, <br />servants and invitees. The ownership of the common elements <br />shall remain undivided, and no person or owner shall bring <br />any action for the partition or division of the common <br />elements. The Association shall from time to time establish <br />rules and regulations for the use of the common elements, <br />and all owners and users shall be bound thereby. The As- <br />sociation shall have the sole jurisdiction over and re- <br />sponsibility for alterations, improvements, repairs and <br />maintenance of the common elements. The share of an owner <br />in the common elements is appurtenant to his suite and <br />inseparable from suite ownership. Assessments against owners <br />for insurance, common element expenses and reserves, and for <br />other expenses incurred by the Association shall be made <br />pursuant to the [~y-Laws. Assessments paid within thirty <br />{30) days after the date when due shall not bear interest, <br />but all sums not paid within said thirty (30) day period <br />shall bear interest at the highest legal rate from due date <br />until paid. If any owner shall Eail or refuse to make any <br />payment of such assessments when due, the amount thereof, <br />plus interest, shall constitute a lien upon the owner's <br />interest in his suite and in the property, and upon the <br />rewrdinn of such lien by the Association in the Register of <br />Deeds of tia.il County, Nebraska, such amount shall constitute <br />a lien prior and preferred over all other liens and en- <br />cumbrances except assessments, liens and charges for taxes <br />past due and unpaid on the suite and except prior duly <br />recordrd morulage ,nd zien instruments. <br />Bach owner shall be responsible: <br />(1) To maintain, repair and replace, at <br />his expense, all portions of his suite or garage which <br />arc not included in the definition of common elements, <br />except as set forth in Article V, above. <br />(2) To maintain and repair and replace <br />as necessary all utilities within that owner's suite or <br />garage and any damage to the common utilities caused by <br />nsc within that suite or ~tar~ge. <br />-3- <br />
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