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<br /> ����'V a�j;�1� D E C L A R A T I O N
<br /> � THIS DECLARATION made on the date hereinafter set forth by
<br /> FRED M. JANISCH, JAMES BAMFORD and MARLYN G. ELLERMEIER, all herein
<br /> collectively called "Declarant", the owner as of tkie date hereof of
<br /> all of the following described real estate, to-wit:
<br /> That part of Riverside Estates Unit 1, a subdivision as
<br /> surveyed, platted and recorded in part of the SW 1/4 of
<br /> Sec. 28, T 14 N, R 9 W of the 6th P. M., Hall County,
<br /> Nebraska, lying South of the South R.O.W. line of
<br /> Staqecoach Road and lying East of the west lot line of
<br /> Lot 46, extended Southward to the South line of said
<br /> Riverside Estates Unit 1.
<br /> W I T N E S S E T H :
<br /> WHEREAS, Declarant is desirous of providing easements, re-
<br /> strictions, covenants and conditions for the use of said prem-
<br /> ises for the purpose of protecting the value and desirability
<br /> of said property.
<br /> NOW, THEREFORE, Declarant hereby declares that all of the
<br /> Properties described above shall be held, sold and conveyed, sub-
<br /> ject to the following easements, restrictions, covenants and
<br /> conditions which are for the purpose of protecting the value
<br /> and desirability of, and which shall run with the real property
<br /> above described as well as any other property submitted hereto
<br /> as provided herein, and shall be binding on all parties having
<br /> any right, title or interest in the described Properties or any
<br /> part thereof, their heirs, successors and assigns, and shall in-
<br /> ure to the benefit of each owner thereof until January 1, 1990,
<br /> at which time said covenants shall be automatically extended
<br /> for successive periods of ten (10) years unless by written agree-
<br /> ment of a two-thirds majority of the then owners of the Lots it
<br /> is agreed to change said covenants in whole or in part, said
<br /> agreement to be executed and recorded in the manner provided by
<br /> law for conveyance of real estate.
<br /> ARTICLE I
<br /> DEFINITIONS
<br /> Section 1. "A9sociation" shall mean and refer to River-
<br /> side Estates Owners Association, its successors and assigns, a
<br /> Nebraska nonprofit corporation.
<br /> Section 2. "Owner" shall mean and refer to the record owner,
<br /> whether one or more persons or entities, of a fee simple title
<br /> to any Lot which is a part of the Properties, but excluding those
<br /> havinq such interest merely as security for the performance of an
<br /> obliqation, or the purchaser under a recorded contract for the sale
<br /> and purchase of a Lot under which the seller retains title solely as
<br /> security for the performance of the purchaser's obligations under the
<br /> contract.
<br /> Section 3. "Properties" shall mean and refer to that cer-
<br /> tain rea estate hereinbefore first described, and such addi-
<br /> tioas thereto as may hereinafter be annexed to the Properties
<br /> as provided in Article X hereof.
<br /> Section 4. "Common Area" shall mean all real property on
<br /> the Prope=ties exclusive of the platted Lots 1 through 12, inclu-
<br /> sive, and Lots !6 to C8, inclusive, as shown on the plat of
<br /> Rivesaide Estates Unit 1, as well as any common area so speci- , ,;; ' ,"'1
<br /> fied by any aupplementary declazation annexing additional area to
<br /> ` tha ProQ�rties in the manner provided in Article X hereof. The �,
<br /> �» Co�mois 1�►rea will be coav�eyed to the Association by Declarant at
<br /> the time of the first coriveyance of any Lot within the Properties a�
<br /> to an own�r. x
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