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201503597 <br />proceeds for the benefit of the owner and disburse such insurance proceeds <br />directly toward repairing the damages suffered. <br />f. Maintenance of the eight (8) foot fence located on the back property line of <br />said Lots and abutting the Dale Roush Second Subdivision to the City of <br />Grand Island, Hall County, Nebraska. No other fences shall be allowed nor <br />maintained by the Association, except that underground dog fences are <br />allowed. There is a two (2) dog limit per lot owner and said pets shall be <br />subject to rules and regulations as promulgated by the Association. <br />Campers, motorhomes, trailers, and boats shall not be permitted to be parked <br />on the Lots for more than 24 hours in any seven (7) day period. <br />h. The Association shall have an Architectural Control Committee for ensuring <br />harmony of external design, color and general appearance which <br />requirements shall be set forth in said By -Laws of said Association. The <br />Association shall promulgate rules and regulations necessary for the <br />maintenance and use of the lots and townhomes thereon. <br />The Association is specifically authorized hereunder to contract with any third party to <br />manage the Properties or provide maintenance or services as provided herein. <br />In the event that any maintenance or repair is caused through the willful or negligent act of <br />any owner, his or her family, guest or invitees, or his or her pet, the cost of such maintenance shall <br />be promptly said by such owner. <br />The Association may, upon request from and with the written consent of any owner, contract <br />to have various maintenance or repair items performed for such owner. Any maintenance or repair <br />items so performed shall be the obligation of such owner and not the obligation of the Association <br />and such owner shall promptly pay for any maintenance or repair items so performed. <br />5. Each owner of any Lot contained within the Properties shall maintain insurance on <br />their personal property contained in their individual residential townhomes as well as any liability <br />coverage. Each owner shall be responsible for ensuring that their personal property contained in <br />their individual residential townhome and any necessary liability coverage is adequately insured and <br />each owner is responsible for payment of such personal property and liability insurance premiums. <br />6. Each wall built as a dividing wall between separate dwellings constructed upon the <br />Lots contained within the Properties as part of the original construction of townhomes upon Lots <br />contained within the Properties shall constitute a party wall to be used by adjoining owners, <br />notwithstanding the fact that the wall so constructed, through error in construction or settling of the <br />wall so constructed, may not be located precisely on the dividing line between the Lots. To the <br />extent not inconsistent with the provisions of this Article III., Section 6., the general rules of law <br />regarding party walls and liability for property damage due to negligence or willful acts or omissions <br />shall apply thereto. If a party wall is destroyed or damaged by fire or other casualty to the extent that <br />the same is not covered by insurance, any owner who has used the wall may restore it and shall have <br />an easement over the premises of the adjoining owner for purposes of construction of said wall, and <br />if any other owner thereafter makes any use of the wall, by commencement of construction on his <br />premises adjoining said wall, such other owner shall contribute to the costs of restoration thereof in <br />proportion of which the adjoining owner uses the wall; provided, however, that any owner may call <br />for a larger contribution under any rule of law regarding liability for negligent or willful acts or <br />omissions. Any owner who by his negligent or willful act causes the party wall to be exposed to the <br />elements shall bear the whole cost of furnishing the necessary protection against the elements. The <br />right of any owner to contribution from any other owner shall be appurtenant to the land and shall <br />pass to any owner's successors and assigns. <br />Page 4 of 5 <br />