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<br /> <br /> <br /> <br /> 80- <br /> r <br /> ci:: ri:.j t,i(7) cf al.l funds, inci.uding insurance prcceeds, should the owners <br /> c`•,(,o e sL,-1c ra`';(,r than repair and reconstruction. In arriving at such <br /> facture`: t^ 1:~e pre- ----nt d to the owners, the Board may employ Such experts <br /> s aeemt=: arY~r,a")Ie. After presentation of ail. relevant financial <br /> in.ormnatiOn aVailaOle to the Board, the owners shall be required to adopt <br /> either a r.an of repair and reconstruction or a plan of sale. The aff.irma- <br /> vote of owners holding sevenive percent. (75%) in value of the <br /> suite S or garaees in this Regime shall be necessary to approve a plan of <br /> rFMpair and reconstruction. If such percentage affirmative vote is not <br /> o ;taineu, the c.)wne r s holding a majority in value may adopt a plan of safe <br /> t7lz:`?yn0 upon a l owners. Any plan so adopted must subsequently be <br /> approved in writing more than fifty percent (50%) in number, of the <br /> first mortCace'e5 of record as of the date of adoption of the plait. <br /> sec`;c A Dian of Tepair and Reconstruction Damaae or Destruction. <br /> in the evc_nL that a elan of repair and reconstruction is adopted <br /> ~.i•. the Cv.'nE L an,, 1.:t;equ - .tly approved by, the f lrst mo,: L`gageeS, as -boVf' <br /> se` -F~oaz-d of A3ministratois shall forthwith proceed to /r,epGa <br /> gRr <br /> r{Cc7!s -!UCt -'he 1mprovG.~tlE:nts as .yet forth in Section 2 o, t~rtl4l[ X. <br /> =Pct ion a Plan of Scale - Damac:e or Destruct-ion. <br /> In the event- that a plan of sale is adopted by the owners and <br /> sa`:.,,F>;__uc:.ntl';r C.:l:,)rovFd by the first mortgagees, as above set forte`,, or in <br /> *..hFr event that a plan of repair and reconstruction is adopted by the <br /> o,,:ners but iw, not approve(] by the required number of first mortgagees of <br /> record wit:-hie: :sixty (d0) days from the adoption of the plan, then the <br /> Board o'_' Administrators shall forthwith record a notice setting forth such <br /> fact or facts, and upon the recording of such notice with the Register of <br /> i)reds of Mall County, Nebraska, by the Association's President and <br /> `tiecretarv or Assistant Secretary, the entire remaining premises shall. be <br /> offere.3 f.nr _,ale and sold by the Association pursuant to the provisions <br /> of this Article, as attorney-in-fact for all of the owners, free and clear <br /> of contained in the Master Deed, the Articles of Incor- <br /> poration and By-Laws. The insurance settlement proceeds, shall, be <br /> Collected by the Association, and such proceeds shall be divided by the <br /> Association according to each owner's interest in the general common <br /> ~c,-Iements, and 5; lch divided proceeds shall be paid into separate account; <br /> -_'ach such account representing one of the condominium suites or garages. <br /> Each such account ;hall be in the name of the Association, and shall be <br /> further identified by the condominium suite or garage designation and <br /> the name of the owner. From each separate account, the Association, as <br /> attorney--in-fact, shall forthwith use and disburse the total amount of <br /> each of, such accounts, without contribution from one :account to another, <br /> toward the partial or full payment of the lien of any first mortgage <br /> against they condominium suite or garage represented by such separate ' <br /> account. Thereafter, each such account shall. be supplemented by the <br /> apportioned a:wount: of "lie proceeds obtained from the sale of the entire <br /> property and any available funds of the Association. Such apportionment <br /> sha1:1 be based upon each condominium suite or gar.arje owner's interest in <br /> the =,(2ner,al c o-rhmon e l.c~ment:.s. The total. funds of ;each account shall be <br /> ;e?d and ai F;bursed, without contribution from one accoul t to another, by <br /> the Association, as attorney- in--fact, as see forth in Sa:ction 12 of <br /> Article X. <br /> Se n 6. Obsolescencc~,' of Bu ild i nqs. <br /> Upon recluest. of the Board of A:dmini!.;trator.s or upon receipt of <br /> a '~~r s t wh rr-1q.ir st. siq 1 by own',rs holdir;tl a m je',7r.i ty of t:hc' t.e')ta1. 1+a ic. <br /> v<,lue of 4t;e Con(.1ominiurrh Prop(.-rty Regime, the Secretary shall, purSLItInt tO <br /> the pr'oviri.OnS of Article II, issue notice of a special membvr's meeting <br /> to consider the quf"st ion of ot. solesct--nce of the condominium buildings. <br /> At such rn(,c tins, owns-rs holding eighty percent. (80%) or more of the total <br /> basic ,alue of the: Condominium Property Regirlie, votlrh9 in person or by <br /> }ro.xr, may agroo that the c.onclominium buildings are obsolete. In the <br /> (..vent that the owners agree that the buildings are obsolete, the Secretary <br /> shall forthwith issue notice of a special meeting of the memhe.rs to be <br /> h<-?d sixty (60) c.ayr fxom the date; of the member's meeting at w!iich thc. <br /> r~ ncr a,.; -rl a ;r~z Lhe a bsolff,sce.nce of the buildings. Dl,hr.in<T this; sixty <br /> D <br /> A, arc shall make such stud±cs, with the aid of such <br /> 1.~ <br /> .t <br />