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77000046
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Last modified
7/15/2017 9:15:02 PM
Creation date
9/15/2014 8:34:21 AM
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DEEDS
Inst Number
77000046
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�� <br />,,,. � : `- <br />�` . � �',:.:� <br /> Y;: � <br />� �. , . � <br />}� � .: /� OOO.U � b <br />; <br />� <br /> 2 , The provisions of this Declaration may be enforced b ,y any <br /> � proceeding at law or in equity allowable under the common law or <br /> any statute of the State of 1lebraska and , rrithout limitin� the <br /> foregoing , by the following special procedure to iahich all successors <br /> in interest to the real estate hereby a�ree by the acceptance of <br /> their ownership interest in the property : <br /> ( A ) h' irst , any person having an ownership or nossessory <br /> interest in any lot feeling that there has been a breach of any portion <br /> of this Declaration may serve written notice thereof upon the occupant <br /> s ' of the premises owned by the alleged violating reccrd owner and uaon <br /> �. ' that violating record owner . Such notice ta the occua ,ying partp <br /> sha11 be sent to them at the real estate , The notice to the record <br /> owner shall be sent to the record oi•rners ' last known address . The <br /> notice snall specify the nature of the hr�each and shall soecify the <br /> ' reasonable time , which sha11 be not less than thirty days , which the <br /> % alleged breaching record owner shall have within which to comply r�ith <br /> the terms of this Declaration . <br /> ; ` ( B ) If the alle �ed breach has not been cured within the <br /> s ' reasonable time set forth in the above required notice or if the <br /> � breach may not be cured within the time snecified and if the violator <br /> �; is not aeting diligently to cure the breacn within a reasonable time <br /> � then any of the other record orrners of aroperty within the second <br /> ` block Nine ( 9 ) or any of their tenants may enter unon the premises <br /> � of the violating record owne^ and effect a reasonable cure of said <br /> - breach . Immedi2tely thereafter the ,y mav file an Affidavit in the <br /> k Office of the Register of Deeds of Hall County , Plebraska , referrin�; <br /> ii � � SD@C � Pj. C21Zy to said real estate , settin� forth a copy of tne notice � � � <br /> z to the occupier and the record o���ner , setting forth the action taken <br /> a by them and the reasonable cost therefore . From the time of filing <br /> of said notice said filing party shall have a lien upon the real <br /> estate of the violatin� record owner which may be foreclosed in the <br /> same manner then provided for the foreclosure of inechanics and <br /> ; <br /> materialman ' s lien is under the tlebraska Statutes . <br /> � ( C ) 'Yotwithstanding the fore �oin� , any lien nerfected under <br /> the terms of this agreement shall be inferior to and subordinate to <br /> �ny and all liens and security interests of anY morta�ee or trustee <br /> under a deed of trust of an�� part of the said Block 2?ine ( 9 ) . <br /> � , <br /> :� <br /> s ' ARTZCLE SSVEV <br /> General APreement <br /> ' l , t;othin� contained in this Declaration shall be construed <br /> to make the record owners o ^ their lessees oartners or ,joint <br /> venturers or to render of said narties liable for the debts or obli- <br /> ` �ations of the others . <br /> 2 , 1do delay or or�ission bv any of the record owr.ers or their <br /> lessees in exercising any ri �*ht or nower accruin � upon the r.on- <br /> comnliance or failure of performance bp anv other record owner or <br /> his le5see under the nrovisions of this neclaration snall imnure anv <br /> such ri �*ht or nower or be construed to be 3 wlivez' thereof . A waiver <br /> bY an,y of the interested oarties of' anv of tne covenants , cond3tions , <br /> $ o ^ agreements herein contained to be nerformed b ,y anv other oartv <br /> shall not be construed to be a waiver of an�� subsequent b ?'eHCh thereof <br /> or of any other covenant , condition , restriction or aPreement herein <br /> contained . <br /> 3 . This APreement does not constitute a dedicating for a public _yj . , <br /> use and , except as a perr�issive user , or as an interested part �� lien <br />�, ` holder as set forth above , no person shall here6y acauire any ri �*nt , �+ �• <br /> 1 title , claim or interest in or to the nronerty of any other party . a <br />� � � <br />� � <br />�. _ <br />���� <br /> : <br />> <br />�� � --- -� <br />�_�._' e <br />. ;, � <br /> 2 <br /> _ % <br /> ! <br />
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