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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 />14.1 Recordation of Agreements. An agreement to terminate shall be evidenced by the <br />execution or ratification of a termination agreement, in the same manner as a deed, by the <br />requisite number of unit numbers. The termination agreement shall specify a date after which <br />the agreement will be void unless it is recorded before that date. A termination agreement and <br />all ratifications of a termination agreement shall be recorded in Hall County, Nebraska. <br /> <br />14.2 Sale of Condominium. A termination agreement may provide that all of the <br />common elements and units of the condominium shall be sold following termination. If, <br />pursuant to the agreement, any real estate in the condominium is to be sold following <br />termination, the termination agreement shall set forth the minimum terms of the sale. <br /> <br />14.3 Powers of Association on Sale of Condominium; Rights of Unit Owners. The <br />Association, on behalf of the unit owners, may contract for the sale of real estate in the <br />condominium, but the contract is not binding on the unit owners until approved pursuant to <br />Section 14.0 and 14.1. If any real estate in the condominium is to be sold following termination, <br />title to that real estate on termination vests the Association as Trustee for the holders of all <br />interest in the units. Thereafter, the Association has all powers necessary and appropriate to <br />effect the sale. Until the sale has been concluded and the proceeds of the sale distributed, the <br />Association continues in existence with all powers it had before termination. Proceeds of the <br />sale shall be distributed to unit owners and lien holders as their interests may appear, in <br />proportion to the respective interest of each unit owner as provided in Section 14.6. Unless <br />otherwise specified in the termination agreement, as long as the Association holds title to the real <br />estate, each unit owner and his successor in interest shall have an exclusive right to occupancy of <br />the portion of the real estate that formerly constituted his unit. During the period of that <br />occupancy, each unit owner and his successor in interest shall remain liable for all assessments <br />and other obligations imposed on unit owners by this Article of this Declaration. <br /> <br />14.4 Rights of Unit Owners if Condominium Not Sold. If the real estate constituting the <br />condominium is not to be sold following termination, title to all the real estate in the <br />condominium vests in the unit owners on termination as tenants in common in proportion to the <br />respective interests as provided in Section 14.6, and liens on the units shift accordingly. While <br />the tenancy in common exists, each unit owner and his successor in interest have an exclusive <br />right to occupancy of the portion of the real estate that formerly constituted his unit. <br /> <br />14.5 Rights Following Termination. Following termination of the condominium, the <br />proceeds of any sale of real estate, together with the assets of the Associations, are held by the <br />Association as Trustee for each unit owner and holders of liens on the units as their interests may <br />appear. Following termination, creditors of the Association holding liens on the units which <br />were recorded before termination may enforce those liens in the same manner as any lien holder. <br /> <br />14.6 Respective Interest of Unit Owners. The respective interest of unit owners referred <br />to in Section 14.3, 14.4 and 14.5 are as follows: <br /> <br />14.6.1 Except as provided in Paragraph 14.6.2, the respective interest of unit owners are <br />the fair market values of their unit, their interest in the common elements and limited common <br />elements before the termination, as determined by an independent appraiser selected by the <br /> <br />{0886166,3 } <br /> <br />- 17 - <br />
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