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83002537
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Last modified
11/19/2008 12:13:03 PM
Creation date
11/19/2008 12:13:01 PM
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DEEDS
Inst Number
83002537
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<br />~ <br /> <br />83- <br /> <br />(j(J2537 <br /> <br />Section 1. Plan of Remodelil)g or Recon_struction - Obsolescence. <br /> <br />In the event that a plan of remodeling or reconstruction is adopted by the <br />owners arid subsequently approved by the first mortgagees as above set forth, <br />ehe BOard of Administrators shall forthwith proceed to remodel or reconstruct the <br />iillprove_nts. applying reserves as set forth for insurance proceeds in Section 2 <br />of Article X, with the same rights as to special assessments asset forth therein. <br /> <br />~ion 8. plan of Sale - Obsolescence. <br /> <br />In the event that a plan of sale is adopted by the ovners arid subsequently <br />~roved by the first mortgagees, as above set forth. then the Board of Administra- <br />tors shall forthWith record a notice setting forth such fact or facts, and, <br />upon the recording of such notice with the Register of Deeds of Hall County, <br />Nebraska, by the Association's President and Secretary or Assistant Secretary, <br />the entire premises shall be offered for sale and sold by the Association <br />pursuant to the provisions of this Ar ticle, as attorney- in-fact for all owners, <br />free and clear of the provisions contained in the Master Deed, Articles of <br />IncoJ.1lOration and these By-Law",. The fonds and reserves established and held by <br />the Association and the proceeds from the sale of the entire Regime shall be divided <br />by the Association according to each owner's interest in the general common <br />el.-enta, and such divided proceeds shall be paid into separate accounts, each <br />account representing one of the condominium suites or garages. Each such <br />aocount shall be in the nMle of the Association and shall be further identified <br />by the Condominium suite or garage designation and the name of the owner. The <br />total funds of each account shall be used and disbursed, without contribution <br />from one account to another. by the Association. as attorney-in-fact, as set <br />forth in Section 12 of Article X. <br /> <br /> <br />Section 9. CondeMnation. <br /> <br />In the event of taking by condemnation or eminent domain of all or part of <br />the c~n area, the award made shall be paid to the Board of AdRlinistratou. If <br />owners holding eighty percent 180\l or more of the basic value of the Condominium <br />Property Regime do not. within sixty 160) days from the date of the award, approve <br />the use. of the proceeds from the award for use in repairing, expanding or rutoring <br />the ~ area, the Board of Administrators shall forthwith disburse the net <br />proceedll of the award for the Sallie purpose and in the sallll! order as is provided in <br />Section 12 of Article X. <br /> <br />Sect.ion 10. Power of Sale. <br /> <br />In the event of sale of the entire Regime pursuant to Section 5 or Section 8 <br />of Atticle x, or upon adoption of such a plan opon terminAtion of the con~ini~. <br />Property Regi.. pursuant to Section 1 of Article XI, or otherwise, the A..ociation <br />ahall have all the powers set forth in Article X in dealing with a purchaser or <br />purchasers as attorney-in-fact. <br /> <br />Section 11. Sale of Suite or Garage - Default in Special Assessment Under Article X. <br /> <br />The usesSIllent provided for herein shall be a debt of each owner and a lien on <br />his ~inium suite or garage and may be enforced and collected as is provided in <br />Section 5 of Article V. In addition thereto, the Association. as attorney-in-fact, <br />ahlll1 helve the ab$olute right and power to sell the condollliniul1l suite or garage of <br />any owner refusing or failing to pay s~ch deficiency assessment within the time <br />provi~, and if not so paid, the Association shall cause to be recorded a notice <br />thllt the condominium sui te or garage of the delinquent owner shall be sold by the <br />AlI!IQCtation, as attocney-in-fact, pursuant to the prOVisions of this Section. The <br />dctlinqueat owner shall be requ i red to pay to the Association the coats and expenses <br />fq~ (1111\9 the notices, inter~st at tne highest legal rate on the amount of the <br />~aament and all reasonable attorney's fees. The proceeds derived from the sale <br />0( $UC!h eondollliniwa sutte or garage shall be used and disbursed by the Aaaoc1ation, <br />.. at,tocrI<<Y~in-faet.in the order set forth in Section 12 of Article X. Any <br />4etici<lmCY of. tunds to ~y too unpaid assessments shall relllll1n the personal obligation <br />of. "bjt .sel1nquent S;jih or garage Qltner. <br /> <br />-16- <br />
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