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<br />f32'-" ~tu1413 <br />Section 5. Plan of Sale -- Dama4e or Destruction. <br />In tl:e event that a plan of sale is adopted by the <br />owners and subsequently approved by the first mortgagees, as <br />above set forth, or in the event that a plan of repair and <br />reconstruction is adopted by the owners but is not approved <br />by the required number of first mortgagees of record within <br />sixty (60) days from the: adoption of the plan, then the <br />Board of Administrators shall forthwith record a notice <br />setting forth such fact or facts, and upon the recording of <br />such notice with the Register of Deeds of Hall County, <br />Nebraska, by the Association's President and Secretary or <br />Assistant Secretary, the entire remaining premises shall be <br />offered far sale and sold by the Association pursuant to the <br />provisions of this Article, as attorney-in-fact for all of <br />the owners, free and clear of the provisions contained in <br />the Master Deed, the Articles of Incorporation and these By- <br />laws. The insurance settlement proceeds shall be collected <br />by the Association, and such proceeds shall be divided by <br />the Associaticn according to each owner's interest in the <br />general commaiz elements, and such divided proceeds shall be <br />paid into separate accounts, each such account representing <br />one of the condominium townhomes. teach such account shall <br />be in the name of the Association, and shall be further i- <br />dentified vy the condominium townhome designation and the <br />name of the owner. Prom each separate account, the Associ- <br />ation, as attorney-in-fact, shall forthwith use and disburse <br />the total amount of each of such accounts, without eontri- <br />butior. from one account *_a another, toward the partial ar <br />full payment of the lien of any first mortgage against the <br />condominium townhome represented by such separate account, <br />Thereafter, each such account shall be supplemented by the <br />apportioned amount cf the proceeds obtained from the sale of <br />the entire property and any available funds of the Associ- <br />ation, Such apportionment shall be based upon each condo- <br />minium townhome cr.arer's interest in the general common <br />elements. The total funds e.f each account shall be used and <br />disbursed, without contributi:~n frnm one account to another, <br />by the Association, as attorney-in-fact, as sat forth in <br />Section 12 of Article X. <br />Section 6. Obsolescence cif Buildi:.c~s. <br />upon request of the Board of Administrators c:r upon <br />receipt of a written request siclned by owners holding a <br />majc?rity of the total basic value of the Condominium Proper- <br />ty Regime, the Secretary shall, pursuant to the provisions <br />of Article II, issue notice of a special members' meeting to <br />consider the question of obsolescence of the condominium <br />buildings. At such meeting, owners holding seventy-five <br />percent (?5~) or more of the total basic value of the Condo- <br />minium Property Regime, voting in person cr by proxy, may <br />agree t1'sat the condominium buildings are obsolete. In the <br />event that the owners agree that the buildings are obsolete, <br />the Secretary shall forth=.ith issue notice o~ a special <br />meeting of the members to be held sixty (60) days from the <br />date of the members' meeting at which the owners agreed upon <br />the obsollescence of the buildings. During this sixty (50) <br />day period, the Beard shall make such studies, with the aid <br />of such experts as deemed advisable by the Board, as are <br />necessary to present estimates as to the costs of remc.delirg <br />cr reconstructing the buildings, the amount of reserves <br />therefor accrued by the Association to date and the amount, <br />if any, of special assessments necessary to cover any defi- <br />ciency between available reserves and remodeling or re- <br />construction expense, the projected sale price of the proper- <br />-17- <br />