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201802365 <br />y£ Ott-RECORDED <br />201707665 <br />home is built and earlier if required by the building codes and ordinances <br />of the City of Grand Island, Nebraska. <br />s. These restrictive covenants, restrictions and conditions shall run with the <br />land and shall be binding on all persons and all parties claiming ownership <br />of said Lots, until January 1, 2028, at which time these Restrictive <br />Covenants, Restrictions and Conditions shall be automatically extended <br />for successive periods of ten (10) years, unless changed or modified by a <br />vote of a majority of the then Owners of the Lots in said subdivision. <br />t. If any owner of any Lot, or their heirs, devisees, personal representatives, <br />successors, assigns or grantees, shall violate any of the restrictive <br />covenants, restrictions and conditions herein set forth, it shall be lawful for <br />any other person or persons owning any real estate in said subdivision to <br />prosecute such proceedings at law or in equity against the person or <br />persons violating or attempting to violate any such restrictive covenants, <br />restrictions or conditions and to prevent him from so doing or to recover <br />damages for such violations. <br />u. If any of the restrictive covenants, restrictions or conditions herein set <br />forth are violated and declared void by a court of competent jurisdiction, <br />the remaining restrictive covenants, restrictions and conditions shall not be <br />affected, but shall stay and remain in full force and effect. <br />v. The agreement and the faithful performance of the terms hereof shall be <br />binding upon the successors, assigns and grantees of the Owner, and upon <br />the purchaser or purchasers of any Lot or Lots, their heirs, devisees, <br />personal representatives, successors, assigns or grantees. <br />3. ASSOCIATION FORMATION, OPERATION AND GENERAL <br />REQUIREMENTS: <br />a. Every Owner of a Lot within the Properties shall be a member of the <br />Association. Membership in the Association is a condition of ownership <br />of any Lot within the Properties. Membership shall be appurtenant to and <br />may not be separated from ownership of any Lot which is subject to <br />assessment. The Association shall have one class of voting membership <br />which shall be and include the Owner of each Lot contained in the <br />Properties. When more than one (1) person holds an interest in any Lot <br />contained in the Properties, all such persons shall be members of the <br />Association but any vote for such Lot shall be exercised as they among <br />themselves determine with no more than one (1) vote being cast with <br />respect to any Lot. All Lot owners shall abide by the provisions of the By- <br />Laws of the Association as well as Rules of Regulations of the Association <br />that may be amended and added to from time to time. Owner and its <br />successor, if any, shall control the operation of the Association so long as <br />Owner owns a majority of Lots which are subject to this Declaration of <br />Restrictive Covenants. <br />b. Each Owner of any Lot contained within the Properties agrees to the <br />Covenants by acceptance of any conveyance of Lots Five (5) through <br />Seventeen (17), Summerfield Estates Tenth Subdivision in the City of <br />Grand Island, Hall County, Nebraska, whether or not it is so expressed in <br />any such conveyance, and is deemed to covenant and agree to pay to the <br />Association regular annual maintenance assessments and special <br />assessments or charges for the purposes set forth in Article III, Section 3, <br />Paragraph 1, hereof. <br />c. Such regular assessments, special assessments or charges together with <br />interest, costs and reasonable attorney's fees shall be and constitute, from <br />the date levied until paid, a lien upon such Lot against which such <br />