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12.5 Interpretation. <br />Except for judicial construction, the Association shall have the exclusive right to construe <br />and interpret the provisions of this Declaration. In the absence of any adjudication to the <br />contrary by a court of competent jurisdiction, the Association's construction or interpretation of <br />the provisions hereof shall be final, conclusive, and binding as to all Persons and Property <br />benefited or bound by this Declaration. In the event of any conflict between this Declaration and <br />the Articles, By -Laws, Association Rules, or Design Guidelines, this Declaration shall control. <br />In the event of any conflict between the Articles and the By -Laws, the Articles shall control. In <br />the event of any conflict between the By -Laws and the Association Rules or the Design <br />Guidelines, the By -Laws shall control. <br />12.6 Severability. <br />Whenever possible, each provision of this Declaration shall be interpreted so as to be <br />effective and valid under Nebraska law. If any provision of this Declaration is, for any reason <br />and to any extent, invalid or unenforceable, then neither the remainder of this Declaration nor the <br />application of such provision to other Persons or in other circumstances shall be affected by such <br />invalidity or unenforceability. <br />12.7 Change of Circumstances. <br />Except as otherwise expressly provided in this Declaration, no change of conditions or <br />circumstances shall operate to extinguish, terminate. or modify any of the provisions of this <br />Declaration. <br />12.8 Laws, Ordinances, and Regulations. <br />The covenants, conditions, and restrictions set forth in this Declaration, and the <br />provisions requiring Owners and other Persons to obtain the approval of the Declarant, the <br />Board, or the DRC with respect to certain actions, are independent of the obligation of the <br />Owners and other Persons to comply with all applicable laws, ordinances, and regulations. <br />Compliance with this Declaration shall not relieve an Owner or any other Person from the <br />obligation to also comply with all applicable laws, ordinances, and regulations. <br />Any violation of any state, municipal, or local law, ordinance, or regulation pertaining to <br />the ownership, occupation, or use of any Property within the Project is hereby declared to be a <br />violation of this Declaration and subject to any or all of the enforcement procedures set forth <br />herein. <br />12.9 References to this Declaration in Deeds. <br />Deeds to and instruments affecting any Lot or any other part of the Project may contain <br />the covenants, conditions, and restrictions herein set forth by reference to this Declaration; <br />however, regardless of whether any such reference is made in any Deed or instrument, each and <br />all of the provisions of this Declaration shall be binding upon the grantee -Owner or other Person <br />claiming through any instrument and his heirs, executors, administrators, successors, and <br />assignees. <br />Page 59 of 68 <br />201309222 <br />