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201904287
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Last modified
12/9/2019 6:42:48 PM
Creation date
7/23/2019 4:33:28 PM
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DEEDS
Inst Number
201904287
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2©1904287 <br />E. Negligence. Notwithstanding any other provision of this Article, an Owner who by <br />his negligence or willful act causes the party wall to be exposed to the elements shall bear the whole <br />cost of furnishing the necessary protection against such elements. <br />F. Appurtenant Rights. The right of any Owner to contribution from any other Owner <br />under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title. <br />G. Disputes. Any dispute arising concerning a party wall, or under the provisions of <br />this Article which cannot be settled by agreement of the parties shall be taken to the board of <br />directors of the Association who shall mediate such dispute. If the such mediation does not reach a <br />settlement then such dispute shall be settled by arbitration under the Nebraska Uniform Arbitration <br />Act Section 25-2601 et seq., Nebraska Revised Statutes. In such Arbitration the Association may be <br />a participant if it so chooses. The Developer or in its absence or refusal to act the President of the <br />Association shall appoint an Arbitrator acceptable to each owner in the dispute. If after three <br />appointments are proposed and rejected by an Owner, then each Owner involved in such dispute <br />shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator. The cost of <br />any such arbitration shall be borne equally by the homeowners involved. No legal action with <br />respect to a party wall dispute shall be commenced or maintained unless and until the provisions of <br />the arbitrator(s) have been met. The appointment of arbitrators hereunder shall be made with twenty <br />(20) days after notice by one Owner to the other Owner and the Developer that a dispute exists. The <br />Association may participate in the Arbitration if it so elects and its attorney fees and costs shall be <br />split by the Owners involved in the dispute. <br />ARTICLE VII <br />Easements <br />The easements over and across the Lots and Common Area shall be those shown on any <br />recorded plat of the subdivision, and such other easements as may be established pursuant to the <br />provisions of this Declaration, by the Developer or the directors of the Association. <br />The Declarant hereby grants an easement over and above the Common Areas to the <br />Association for the use and enjoyment if its Members. <br />ARTICLE VIII <br />Specific Restrictions for All Lots <br />The following covenants, conditions and restrictions relate specifically to all the Lots of The <br />Orchard. <br />A. City Requirements. All buildings constructed upon any Lot within the Residential <br />Property shall be constructed in conformity with the requirements of the applicable building codes of <br />the City of Grand Island, Nebraska. <br />B. Use. Each Lot located within the Property shall be used exclusively in accordance <br />12 <br />
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