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<br />r <br /> <br />83- LJu2537 <br /> <br />Section.t. Plan of Repair .and Reconstruction - Dalll<\<1l!' or Destruction. <br /> <br />In thl!' event that a plan of repair and reconstruction is adopted.~ theOWl'll!'r. <br />and subllequently approved by the first mortgagees, as above set forth, the BOard <br />of MIIIinistrators shall forthwith proceed to repair and reconlJtruct the iq)rove- <br />..nts as set forth in Section 2.ofArticle X. <br /> <br />Sect:1on!i. plan of Sale - Damaqe or Destruction. <br /> <br />In till!' event that a plan of sale is adopted by the owners and subsequ4!'ntly <br />aPproved ~ the first mortgagees, as above set forth, or in the event that a plan <br />01< repair and reconstruction is adopted by the owners but is not approved. by the <br />requiNro nUlllbf!r of first mortgagees of record within sixty (60) days fro_the \' <br />adoption of the plan, then the Board of Administr<tdlrs shall forthwith record a <br />nottCl!' setting forth such fact or facts, and upon thl!' recording of such notice <br />wIth u. Rl!9ister of Deeds of Hall County, Nebraska, ~ the Association'. <br />President and 54!'cretary or Assistant Sl!'cretary, the entire remaining pre_lses shall <br />be offered for sale and sold ~ the Association pursuant to the provisions of <br />this Article, as attorney-in-fact for all of the owners, free and clear of the <br />provisions contained in the Master Deed, the ArtiCles of Incorporation and these <br />By-r-&. The insurance settlelllt'nt procel!'ds shall be collected by the Assoctatl.on, <br />..4 sucll 'proce4!'ds sha 11 be d ill ide<! by the Assce iatlon accordi ng to each owner's <br />interest in the general common elements, and such divided proceeds shall be paid <br />into separate accounts, each such account representing one of the condominium <br />suites or garages. Each such account shall be in the name of the Association, and <br />an-ll be further identified by the condominium suite or garage designation and <br />the name of thl!' owner. From each separate account, the Association, as attorney- <br />in-fact. shall forthwith use and disburae the total amount of each of such ac~ounts, <br />without contribution from one account to another, toward the partial or full <br />payment of the lien of any first mortgage against the condominium suite or garaql!' <br />represented by such separate account. Thereafter, each such account shall be <br />supplemented by the apportioned amount of the proceeds obtained from the sale of <br />tile entire property and any available funds of the Association. Such apportion- <br />ment shall be baseo upon each condominium suite or garage owner's intereat in <br />the general common t'lements. The total funds of pach account shall be used and <br />dilsbursed, without contribution from on.. account to another, by the Association, <br />.a attorney-tn-Cact, as set forth in Section 12 of Article X. <br /> <br />s.ction 6. Obeolescence of BuiidJ.!!Sl~,- <br /> <br />Upon request of the Board of Administrators or upon receipt of a written request <br />signed by owners holdi nq a ll\lIjori ty of the toal bailie value of the Condominium <br />Property Regime, the Secretary shall, pursuant to the provisions of Article II, <br />i8IUe notice of a special member's meeting to consider the question of obsolescence <br />of the condOlllinium buildings. As such _Hng, owners holding eighty percent (80') <br />or lllOre of the total basic value of the Condollliniulll Property Reg ime, voting in <br />~son or by proxy, may agree that the condominium buildings are obaolete. In the <br />event that the owners agree that the buildings are obsolete, the Secretary shall <br />~rthwith issut notict of a special ",,""\ng of the,_lIIbers to be held sixty (60) <br />days fcOll the date of the member's .,~..!tinq at which the owners aqre4!'d upon the <br />ObiIoll!llCence of the buildings. Pun,,') this sixty (UI day pu iad, the Board <br />a.t.ll ..... $Uch studies, wi t,h the aid of such experts deemed advisable by the <br />~r4, .. are necessary to present t'stimates as to the costs of remodeling or <br />reconstructing the buildings, the amount of reserves therefor accrued by the <br />Aeeoelation to date and the alllOUnt:, if any, of special assessmenU necea84ry to <br />COVer any defiCiency between available reserves and remodeling or reconstruction <br />e~se. the projected sale price of the property as is, and the projected distri- <br />b\tt,iCft of ul funds, including re"rves and other funds of the Association, should <br />~ Owp<<ra clloose sale rather than remodeling or reconstr~tion. At the subsequent <br />8ptCial-.eting of the membera. the Bo.rd shall present these estillllltes to tile <br />QlftWr- en4 the OIlmen holding a _jority in value of the units in this Regille <br />~l.teither a plan of re!llQdeli.nq or reconstruction. pursuant to Section 7, <br />~, ..p;lAftl)f ..Ie puuuaot to Section 8 of Article x. Any plan so adopted lII\Ist <br />~~_tlV be ._oved in vriti"9 by lllOJ:e than fifty percent (SOt), in nulllber, <br />~.' ~.Ur.t;. 1IIIO!'l:q.llilJeea. of record.. of the date of adoption of the plan. No <br />~. 'Pl. llball go into effect until such approval of first lIlOrlJaqees h obtained. <br /> <br />-u- <br />