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201205485 <br />Section 2. "Owner" shall mean a.nd refer to the record owner, whether one or <br />more persons or entities, of a fee simple title to any lot which is described in this <br />Amendeci Declaration, hereinafter referred to as the "Properties", but excluding those <br />having such interest merely as security for the performance of an obligation, or the <br />purchaser under a recorded contract for the sale and purchase of a Lot under which the <br />Seller retains title solely as security for the performance of the purchaser's obligations <br />under the contract. <br />Section. 3. "Properties" shall mean and refer to that certain real estate <br />hereinbefore described and any additional real estate hereafter annexed hereto in <br />compliance with the provisions of this Amended Declaration. <br />Section 4. "Lot" shall mean and refer to any platted lot of land shown upon <br />the recorded Subdivision map described as Lots 14 through 21, inclusive, of Larue's <br />Subdivision as recorded in the Office of the Register of Deeds of Hall County, Nebraska. <br />Section 5. "Amended Declarant" shall mean and refer to the, undersigned <br />owners, their heirs, successors and assigns. <br />ARTICLE II <br />MEMBERSHIP AND VOTING RIGHTS <br />Section 1. Every Owner of a Lot within the Properties shall be a member of <br />the Association. Membership shall be appurtenant to and may not be separated from <br />ownership of any Lot which is subject to assessment. , <br />Section 2. The Association will have one class of voting membership and <br />each owner shall be entitled to one vote for each lot owned. When more than one person <br />holds an interest in any Lot, all such persons shall be members. The vote for such Lot <br />shall be exercised as they among themselves determine, but in no event shall more than <br />one vote be cast with respect to any lot. <br />ARTICLE III <br />COVENANT FOR MAINTENANCE ASSESSMENTS <br />Section 1. Creation of the Lien and Personal Obli�ation of Assessment. The <br />Amended Declarant for each Lot owned within the Properties hereby covenants, and each <br />Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so <br />expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) <br />Regular annual maintenance assessment or charges for the purposes hereinafter set forth <br />in Section 2 hereof, and (2) Assessment for capital improvements, such assessments to be <br />establishecl and collected as hereinafter provided. Such regular and special assessments, <br />together with interest, costs, and reasonable attorney's fees, shall be and' constitute, from <br />the date levied until paid, a continuing charge against the lien upon such Lot or property <br />against which each such assessment is made, without any requirement of recording <br />further notice of such lien. Each such assessment, together with interest, costs, and <br />reasonable attorney's fees, shall also be the personal obligation of each person who was <br />an Owner of such Lot at the time when the assessment fell due. The personal obligation <br />for delinquent assessments shall not pass to successor Owners unless expressly assumed <br />by them. <br />Section 2. Purpose of Assessments. The assessments levied by the <br />Association shall be used exclusively without any part of the net earnings inuring to the <br />private benefit of its members, to provide for snow removal on the driveways, parking <br />spaces located on private property and public and private sidewalks located upon Lots 14 <br />through 21, inclusive of Larue's Subdivision; to provide for care for the lawns upon said <br />lots to include fertilizer and weed control and landscaping as the owners may agree by <br />majority vote. <br />2 <br />