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200901988 been made by the Association, assessments shall be made at least annually, based upon a budget adopted at least annually by the Association. 9.1 Amount of Assessments. Except for assessments under Sections 9.2, 9.3 and 9.4 of this Article, all common expenses shall be assessed against all of the units in accordance with the allocations set forth in Article 8 of this Declaration. Any past due common expense assessment or installment bears interest at the rate of 18% per annum or at such other rate as may from time to time be established by the Association, provided such rate shall never exceed the highest lawful rate of interest. 9.2 Expenses for Limited Common Elements and Common Expenses Benefiting Fewer Than All Units. Any common expense associated with the maintenance, repair or replacement of a limited common element shall be equally assessed against the units to which the limited common element is assigned. Any common expense or portion of a common expense benefiting fewer than all of the units shall be assessed exclusively against the units benefited. 9.3 Assessments for Payment of Judgments. Assessments to pay a judgment against the Association shall be made only against the units in the condominium in proportion to their common expense liabilities. 9.4 Misconduct of Unit Owner. If any common expense is caused by the misconduct of any unit owner, the Association may assess that expense exclusively against his unit. 9.5 Maintenance of Reserve Fund. Out of the annual assessments, the Association shall establish and maintain an adequate reserve fund for the periodic maintenance, repair and replacement of improvements to the common elements which the Association is obligated to maintain. If the Executive Board determines that there are any surplus monies in the reserve fund remaining after provision is made for payment of common expenses and funds needed to maintain the reserve fund, such surplus money shall be paid to the unit owners in proportion to their common expense liabilities or credited to them to reduce their common expense assessments. 9.6 Reserve Fund. The Association may establish a reserve fund by contribution from each purchaser of a unit and from such other sources as the Executive Board shall determine. The reserve fund shall be used for capital improvements and necessary replacements and such other items as the Executive Board shall determine. ARTICLE X. LIEN FOR ASSESSMENTS 10.0 Lien for Assessments. Pursuant to the provisions of Neb. Rev. Stat. S 76-874 (Reissue 2003) the Association has a lien on the unit for any assessment levied against that unit or monetary penalties imposed against its unit owner from the time that the assessment or fine becomes due and a notice containing the dollar amount of such lien is recorded in the office where mortgages are recorded. The Association's lien may be foreclosed in the same manner as {0886166J} - 13 -