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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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X31904287 <br />F. Invalidation. The invalidation of any one of the covenants or restrictions set forth herein <br />shall not affect the validity of the remaining provisions hereof, all of which shall remain in full force <br />and effect. <br />F. Written Statement. The Developer or, after transfer of Developer's rights hereunder to the <br />Owners Association, the Owners Association shall, upon the written request of any lot Owner, issue <br />a written statement stating, to -wit: (i) whether or not such Lot Owner, and the Lot owned by such Lot <br />Owner, is in compliance with the terms and provisions of these Covenants; (ii) whether or not such <br />Lot Owner is liable for any past due assessments that may become a lien on the Lot owned by such <br />Lot Owner; (iii) the amount, if any, of the last annual assessment levied by the Owners Association; <br />(iv) the amount, if any, of any proposed special assessment against such individual Lot Owner <br />requesting the written statement; (v) the amount, if any, of any proposed special assessment to be <br />levied ratably against all of the Lots located within the Property and/or, if appropriate; (vi) the <br />amount of general or special assessments for the Townhome Lots. <br />G. FHA/VA Approval. As long as there is a Class A-2 or B-2 membership, the following <br />actions may require the prior approval of the Federal Housing Administration or the Veterans <br />Administration: Annexation of additional properties other than the remainder of the neighborhood, <br />dedication of Common Area, and amendment of this Declaration of Covenants, Conditions and <br />Restrictions. <br />H. Termination of Declarant's Rights. The Orchard, LLC, or its successors or assigns, may <br />terminate its status as Declarant under this Declaration, at any time, by filing a Notice of Termination <br />of Status as Declarant. Upon such filing, or at such time Declarant no longer owns any lots subject to <br />this Declaration, the rights of the Declarant shall automatically transfer to the Association and the <br />Association may exercise such rights or appoint another entity, association or individual to serve as <br />Declarant, and the Association or such appointee shall thereafter serve as Declarant with the same <br />authority and powers as the original Declarant. <br />I. Redevelopment Agreement. This development was assisted by tax increment financing <br />provided by the City of Grand Island, Nebraska (the "City") pursuant to a Redevelopment Agreement <br />dated June 12, 2019, a Memorand h was dated June 12, 2019 and recorded , <br />2019 as Instrument #2019- The Redevelopment Agreement permits and <br />authorizes the City to capture the incremental tax revenue created by each phase of the Project to pay <br />for eligible expenses consisting of the subdivision infrastructure. In turn, the individual Lot Owners <br />agree, and the Lot Owners (Members) hereby affirm and acknowledge that they shall not protest an <br />assessed valuation of their individual dwelling unit below the greater of i) the following minimum <br />valuation levels or ii) the valuation on the first of January following the year of substantial <br />completion of a residence upon said lot (which is intended to be the effective date of the tax <br />increment financing for such lot) for a period expiring fifteen (15) years following the establishment <br />20 <br />
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