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201503252
<br />AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS,
<br />RESTRICTIONS, AND DESIGN GUIDELINES FOR COPPER CREEK ESTATES
<br />SEVENTH SUBDIVISION OVER 55 COMMUNITY
<br />This Amended and Restated Declaration of Covenants, Conditions, Restrictions, and Design
<br />Guidelines for Copper Cr k Estates Seventh Subdivision Over 55 Community (this
<br />"Declaration ") is made this l x day of li u , 2015, by The Guarantee Group L.L.C, a
<br />Nebraska Limited Liability Company.
<br />INTRODUCTION
<br />A. On October 12 2007, a Declaration of Covenants, Conditions, Restrictions, and Design
<br />Guidelines for Copper Creek Estates Subdivision was recorded and entered as instrument
<br />No. 0200708774, in the official records of the State of Nebraska, County of Hall, to
<br />establish a general plan for the development, maintenance, and use of the planned
<br />community known as Copper Creek Estates Subdivision. The Declaration of Covenants,
<br />Conditions, Restrictions, and Design Guidelines for The Copper Creek Estates
<br />Subdivision was subsequently amended by the First Amendment to Declaration of
<br />Covenants, Conditions, Restrictions, and Design Guidelines for The Copper Creek
<br />Estates Subdivision, on March 18, 2008, as Instrument No. 0200802261, in the official
<br />records of the Register of Deeds of Hall County, Nebraska (the "First Amendment "), and
<br />by the Second Amendment to Declaration of Covenants, Conditions, Restrictions, and
<br />Design Guidelines for The Copper Creek Estates Subdivision, on October 10 2012, as
<br />Instrument No. 201208413, in the official records of the Register of Deeds of Hall
<br />County, Nebraska (the "Second Amendment"). The Declaration of Covenants,
<br />Conditions, Restrictions, and Design Guidelines for The Copper Creek Estates
<br />Subdivision, as amended by the First Amendment and the Second Amendment, shall be
<br />referred to in this Declaration as the "Initial Declaration ".
<br />B. Unless otherwise defined in this Introduction, each capitalized term used in this
<br />Introduction shall have the meaning given to such term in the Initial Declaration.
<br />C. Article 12.3 of the Initial Declaration provides that the Initial Declaration may be
<br />amended at any time by the affirmative vote or written consent of the Owners of not less
<br />than seventy -five percent (75 %) of the Lots. In addition, Article 12.3 provides that any
<br />amendment approved by the Owners of not less than seventy -five percent (75 %) of the
<br />Lots shall be signed by the President or Vice President of the Association and shall
<br />certify that the amendment has been approved as required by Article 12.3.
<br />D. The Declarant owns more than seventy -five percent (75 %) of the Lots. As evidenced by
<br />the Consent attached hereto, the Declarant has approved this Declaration. This
<br />Declaration shall supersede the Initial Declaration in its entirety and, upon the recording
<br />of this Declaration, the Initial Declaration shall be of no further force and effect.
<br />E. The Declarant intends to develop Copper Creek Estates Seventh Subdivision to establish
<br />a community for persons 55 years of age or older, to qualify for the age - restriction
<br />exemption under The Fair Housing Act (Title VIII of the Civil Rights Act, 42 USC
<br />§3601, et seq.) that allows communities to be operated for occupancy by persons 55 years
<br />of age or older, to satisfy those certain criteria set forth in The Housing for Older Persons
<br />Act (42 USC §3607(b)(2)(C)), and to adopt certain age - restriction rules and regulations
<br />and age- verification procedures.
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