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. . .. 200809656 II. The lien of any dues or special assessment shall, until shown ofrecord, be subordinate to the lien of any mortgage, deed of trust or other encumbrance placed upon the unit against which the assessment is levied. 12. The association shall insure the Condominium and the association against risk, including tort liability, in the manner set forth in the By.Laws. A unit owner may obtain insurance, for the unit owner's account and benefit, covering the unit and contents. Each policy shall be issued in the name of the association for the benefit of unit owners in proportion to the allocated interest shown hereinabove at Article I, scction 7. Ill. MISCELLANEOUS PROVISIONS 1. Binding Effect. The covenants contained in this Declaration shall run with the land and shall bind the Declarant and all persons claiming under the Declarant. 2. Enforcement. Enforcement of the covenants contained in this Declaration may be, by proceedings at law or in equity, against any person violating or attempting to violate any covenant. Thc proceedings may bc to restrain the violation or recover damages and, by the association, may be to enforce any lien or obligation created by the covenants. 3. Amendments. The condominium established by this Declaration may be amended, in writing, by the unit owners of two-thirds (2/3) of the units at any time; subject to the limitation that such condominium may not be amended in a manner that adversely affects the use or access of any previously existing unit unless the owncr so affectcd shall join in such amendment. The condominium established by this Declaration may only be terminated, in writing, by the unit owners of One Hundrcd Percent (100%) of the units. 4. Severability. The invalidation of anyone of the provisions of this Declaration shall not affect the validity of the remaining provisions. 5. Reformation. Consistent with the intent ofthis Declaration, to the extent that such intent may be ascertained by the terms of this Declaration, any provision contained in this Declaration shall be reformed to the extent necessary to create a valid and enforceable provision consistent with that intent in the event a court of competent jurisdiction shall determine any provision herein contained is void and unenforceable as drafted. Dated this 1~ day of !Jove", b.u , 2008. NORTH POINT, L.L.C., a Nebraska Limited Liability conffa~; /\ By 1o)ti) " Robert D. Riedy, Chief Execu ve Officer ~\~~_...un C--J. Mic Brown ~ f\ ~ Lori .f Brown 7