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- .a f � i � � � 76-0 0 3 5 3� AGREEMENT FOR PROTECTNE COYENANTS RESTRICTIONS AND CONDI'PIONS FOR CAPITAI, HEIGHTS EIGHTH SIIDDNISION LOCATED IN HALL COUNTY� NEBRASKA IKNOK ALL MEN BY TNESE PRESENTSt Yhareaa� E. Dean Wolfe arid Judith A. Holfe� husband and xiYe� are the oxners of all the lots in "Capital Heights Eighth 3ubdivision", a Subdiviaion in Hall Count � Nebra�ka� located on a tract of land comprising a part of the Northwest Quarter (NW;� of Section Two (2), Toxnship Eleven (li) North, Runge Ten (10) West of the 6th P,M.� in Hall County, Nebraska� more particularly described as folloHs� Beginning at the Northeast corner of Lot Thirty Fois (34)� Capital Heights Seventh Subdivision� said point being Eight Hundred Thirty TKo (832.0) feet north and Sixty One (61.0) feet xest of the southeast coruer of sairl Northxest Quarter (NF1�)= thence xestsrly along the northerly line of sairl Capital Fieighta Seventh Subdivision ar�d parallel to the southerly line of said Northxest Quarter (NW,�-,)� a dista.nce of One Thousarx�. Three }iundred One and Fifty Five Hundredths (1�301.55) feet� to the northwest carner of said Capital Heights Seventh Sub- division; thence deflecting right 89°13'!0" and running northerly, a distance of One Thousand Four Hundred Seventy and Thirty Fo�m Hundredths (1�4�0.94) feet, to the southerly right-of-tray line of Highxay No. 2; thence southeaaterly along said right-of-xay 11ne� a distance of One Thousand Three Hundred FiYty Nine and Nine Hundredths (1r359.09) feet� to the xesterly line of Independence Avent�: thence southerly along the Nesterly line of said Independence Avenue� a distance of One Thousand Ninety Five and Ninety Txo Hundredths (1�095.92) feet to the place of beginning and containing 3s.339 acres mare ar less. , Whereas� it is the desire oP E. Dean Wolfe and Ju31th A. Wolfe, husba.nd and xife, to imprmre the said "Capital Heights Eighth Subdivision" by encouaging the sa.le ef lots and the construction of modern and desirable dxelling houses� a� to instn:e the use of the property for attractive residential ptaposes only� to prevent nuisancea� to prevent the impairment of the attractiveness of the property, to maintain the desired toae of the community� and thereby secure to each site oNner the full benefit and en- 3oyment of his home� xith no greater restriction upon the free and undistt�bed use of his site than is necessary to ins�se the same arivantages to the other site orrnera= N04l, THEREF'ORE� in consideration thereof, and in consitleratiott of the mutua.l benefite to be derived by the oxners o±' sa.id Subdivision and any suhsequent p�schasar or p�schasers� their heirs� administrators� executors, and assigns, E. Dean Holfe and Ju3ith A. Holfe hereby stipulate and agree that each of the lots in said Subdivision shaZl be sold, transferred arid herea£ter conveyed only subject to the follosring cove- " nants, restrictions and conditions, each a� all of xhich sha.11 be and remafn in full force and effect as covenants� restrictions and conditions running xith the ].and as folloxa� 1. No noxlous or offensive activity shall be carried on upon any lot� nor � : shall anything be done thereon xhich may be, or may become� an annoyance or nuisance 4 to the neighborhood. t 2, No structure sha11 be erected� altered, placed or permitted to remain on any lot other than one detached dxelling designed for use by not more than txo families. Each dxelling shall have at least a txo car attached garage and shall be permitted to construct or erect a detached garage or secondary building of a maxim� Fo�s Hundred � square feet arxi shall have the same type siding as the dxelling. Each deelling' shall � have a minimum of one thousand square feet of living space, not including the attached g��e. 3. No structtse on any lot shall be erected� altered, placed or permitted to remain closer than forty feet (40') from the front of sairi lot� nor closer than ten feet (10') f�om the side of any lot. 4, Dwelling constzucted in another addition or location shall not be moved to any lot xithin this Addition, except far a nex FHA approved structure. 5. No trailer� movile home, basement� tent, garage� barn, shack or outbuilding shall be used in said Subdivision as a dxelling or residence at any time, xhether . � _ tempasarily or otherxisei no� ahall any structise of a temporary character be used as cp`;, a residencs. � L � � � � � . � „� I - � � :� � � ;