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<br />200901988 <br /> <br />time the judgment was entered. Other property of a unit owner is not subject to the claims of a <br />creditor of the Association. <br /> <br />11.1 Security Interest in Common Elements. If the Association has granted a mortgage, <br />deed of trust or security interest in the common elements to a creditor of the Association, <br />pursuant to Article XIII., the holder of that security interest must exercise its right against the <br />common elements before its judgment lien on any unit may be enforced. <br /> <br />11.2 Lien Against Two or More Units. Whether perfected before or after the creation of <br />the condominium, if a lien other than a deed of trust or mortgage becomes effective against two <br />or more units, the unit owner of an affected unit may pay to the lien holder the amount of the lien <br />attributable to his unit and the lien holder, on receipt of payment, shall promptly deliver a release <br />of the lien covering that unit. The amount of the payment shall be proportioned to the ratio <br />which that unit owner's common expense liability bears to the common expense liabilities of all <br />unit owners whose units are subject to the lien. After payment, the Association shall not assess <br />or have a lien against that unit owner's unit for any portion of the common expenses incurred in <br />connection with that lien. <br /> <br />ARTICLE XII. <br /> <br />AMENDMENT OF DECLARATION <br /> <br />12.0 Amendment of Declaration. Except in cases of amendments that may be executed <br />by the Association in the event of condemnation as provided by the Condominium Act or by <br />certain unit owners as provided by the Condominium Act, and except to the extent permitted or <br />required by other provisions of the Condominium Act and amendments thereof, this Declaration <br />may be amended only be a voted of the unit owners to which at least 67% of the votes in the <br />Association are allocated. The consent of the Declarant is required to an amendment during any <br />period of Declarant control. Within thirty (30) days after the adoption of any amendment <br />pursuant to this Section, the Association shall prepare, execute and record a written instrument <br />setting forth the amendment. <br /> <br />12.1 Challenge of Validitv of Amendment. An action to challenge the validity of an <br />amendment adopted by the Association pursuant to this Section shall not be brought more than <br />one year after the amendment is recorded. <br /> <br />12.2 Recording Amendment. An amendment to the Declaration shall be recorded in Hall <br />County, Nebraska and is effective only on recordation. <br /> <br />12.3 Limitation on Amendments. Except to the extent expressly permitted or required <br />by other provisions of this Declaration, an amendment shall not create or increase the Special <br />Declarant Rights, increase the number of units or change the boundaries of any unit, the <br />allocated interest of a unit or the uses to which any unit is restricted, in the absence of the <br />unanimous consent of the affected unit owners. <br /> <br />{0886166.3} <br /> <br />- 15 - <br />