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201309222 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND DESIGN GUIDELINES FOR COPPER CREEK ESTATES This Amended and Restated Declaration of Covenants, Conditions, Restrictions, and Design Guidelines for Copper Creek Estates (this "Declaration ") is made this /°- day of t\i vrm {ac 2013, by The Guarantee Group L.L.C, a Nebraska Limited Liability Company. INTRODUCTION A. On October 12t 2007, a Declaration of Covenants, Conditions, Restrictions, and Design Guidelines for Copper Creek Estates Subdivision was recorded and entered as instrument No. 0200708774, in the official records of the State of Nebraska, County of Hall, to establish a general plan for the development, maintenance, and use of the planned community known as Copper Creek Estates Subdivision. The Declaration of Covenants, Conditions, Restrictions, and Design Guidelines for The Copper Creek Estates Subdivision was subsequently amended by the First Amendment to Declaration of Covenants, Conditions, Restrictions, and Design Guidelines for The Copper Creek Estates Subdivision, on March 18, 2008, as Instrument No. 0200802261, in the official records of the Register of Deeds of Hall County, Nebraska (the "First Amendment "), and by the Second Amendment to Declaration of Covenants, Conditions, Restrictions, and Design Guidelines for The Copper Creek Estates Subdivision, on October 10 2012, as Instrument No. 201208413, in the official records of the Register of Deeds of Hall County, Nebraska (the "Second Amendment "). The Declaration of Covenants, Conditions, Restrictions, and Design Guidelines for The Copper Creek Estates Subdivision, as amended by the First Amendment and the Second Amendment, shall be referred to in this Declaration as the "Initial Declaration ". B. Unless otherwise defined in this Introduction, each capitalized term used in this Introduction shall have the meaning given to such term in the Initial Declaration. C. Article 12.3 of the Initial Declaration provides that the Initial Declaration may be amended at any time by the affirmative vote or written consent of the Owners of not less than seventy -five percent (75 %) of the Lots.. In addition, Article 12.3 provides that any amendment approved by the Owners of not less than seventy -five percent (75 %) of the Lots shall be signed by the President or Vice President of the Association and shall certify that the amendment has been approved as required by Article 12.3. D. The Declarant owns more than seventy -five percent (75 %) of the Lots. As evidenced by the Consent attached hereto, the Declarant has approved this Declaration. This Declaration shall supersede the Initial Declaration in its entirety and, upon the recording of this Declaration, the Initial Declaration shall be of no further force and effect. Page 2 of 68