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<br />200901988 <br /> <br />12.4 Manner of Execution. Amendments to this Declaration required to be executed by <br />the Association shall be executed on behalf of the association by any officer of the Association <br />designated for that purpose, or, in the absence of designation, by the president of the association. <br /> <br />ARTICLE XIII. <br /> <br />CONVEYANCE OR ENCUMBRANCE OF COMMON ELEMENTS <br /> <br />13.0 Conveyance or Encumbrance of Common Elements. Portions of the common <br />elements may be conveyed or subjected to a mortgage, deed of trust or security interest by the <br />Association if persons entitled to cast at least 80% of the votes in the Association agree to that <br />action in the manner prescribed in the Condominium Act, except that all of the owners of units to <br />which any limited common element is allocated must agree in order to convey that limited <br />common element or subject it to a mortgage, deed of trust or security interest. Proceeds of the <br />sale or encumbrance of the common elements are an asset of the Association. <br /> <br />13.1 Contents of Agreement. An agreement to convey common elements are subject <br />then to a mortgage, deed of trust or security interest shall be evidenced by the execution of an <br />agreement or ratification of the agreement in the same manner as a deed, by the requisite number <br />of unit owners. The agreement shall specify a date after which the agreement will be void unless <br />previously recorded. The agreement and all ratifications of the agreement shall be recorded in <br />Hall County, Nebraska. <br /> <br />13.2 Contract bv Association. The Association, on behalf of the unit owners, may <br />contract to convey an interest in the common elements, but the contract is not enforceable against <br />the Association until approved pursuant to Section 13.0 and 13.1. Thereafter, the Association <br />has all powers necessary and appropriate to affect the conveyance or encumbrance, including the <br />power to execute deeds or other instruments. <br /> <br />13.3 Void Transactions. Except as permitted in this Article, any purported conveyance, <br />encumbrance, judicial sale or other voluntary transfer of common elements is void. <br /> <br />13.4 Rights of Access and Support. A conveyance or encumbrance of common elements <br />pursuant to this Article does not deprive any unit of its rights of access and support. <br /> <br />13.5 Preexisting Encumbrances. A conveyance or encumbrance of common elements <br />pursuant to this Article does not affect the priority or validity of preexisting encumbrances. <br /> <br />ARTICLE XIV. <br /> <br />TERMINATION OF CONDOMINIUM <br /> <br />14.0 Requirements for Termination. Except in the case of a taking of all of the units by <br />eminent domain, the condominium may be terminated only be agreement of unit owners of units <br />to which at least 85% of the votes in the Association are allocated. <br /> <br />{0886 166.3 } <br /> <br />- 16- <br />