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200901988
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Last modified
3/19/2009 1:45:10 PM
Creation date
3/19/2009 1:45:08 PM
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DEEDS
Inst Number
200901988
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<br />200901988 <br /> <br />a mortgage on real estate and the Association will give reasonable notice in accordance with the <br />provisions of Neb. Rev. Stat. ~ 76-874. Fees or charges for the use, rental or operation of the <br />common elements other than limited common elements described in Section 2.3.4 of this <br />Declaration, and for services provided unit owners; charges for late payment of assessments and <br />after notice and opportunity to be heard, assessments imposed upon unit owners for violation of <br />the Declaration, By-Laws and Rules of the Association; and reasonable charges for the <br />preparation and recording of amendments to the Declaration or statements of unpaid assessments <br />levied or imposed by the Association are enforceable as assessments under this Section. If the <br />assessment is payable in installments, the full amount of the assessment is a lien from the time <br />the first installment of the assessment becomes due. <br /> <br />10.1 Priority of Liens. A lien under this Section is prior to all other liens and <br />encumbrances on a unit except liens and encumbrances recorded before the recordation of the <br />Declaration, a first mortgage or deed of trust on the unit recorded before the date on which the <br />assessment sought to be enforced became delinquent, and liens for real estate taxes and other <br />governmental assessments or charges against the unit. <br /> <br />10.2 Recording Declaration Effect. Recording of the Declaration constitutes record <br />notice and perfection of the lien. Further recordation of any claim of any lien for assessment <br />under this Section is not required. <br /> <br />10.3 Lien Extinguished Unless Enforced. A lien for unpaid assessments is extinguished <br />unless proceedings to enforce the lien are instituted within three years after the full amount of the <br />assessments becomes due. <br /> <br />10.4 Actions at Law: Deed in Lieu of Foreclosure. The Association may bring actions at <br />law to recover sums for which Section 10.0 creates a lien, and the Association may take a Deed <br />in Lieu of Foreclosure. <br /> <br />10.5 Attorney's Fees and Cost. A judgment or decree in any action brought under this <br />Section shall include costs and reasonable attorney's fees for the prevailing party. <br /> <br />10.6 Statement of Unpaid Assessments. The Association, on written request, shall <br />furnish to a lien holder, unit owner or person designated by a unit owner a reasonable statement <br />setting forth the amount of unpaid assessments against his unit. The statement shall be furnished <br />within 10 business days after receipt of the request and is binding on the Association, the <br />Executive Board and every unit owner. <br /> <br />ARTICLE XI. <br /> <br />OTHER LIENS AFFECTING THE CONDOMINIUM <br /> <br />11.0 Effect of Recorded Judgment. Except as provided in Section 11.1, a legally <br />recorded judgment for money against the Association is not a lien on the common elements but <br />is a lien in favor of the judgment lien holder against all of the units in the condominium at the <br /> <br />{0886166.3 } <br /> <br />- 14- <br />
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