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201tn94287 <br />M <br />C. Arbitration of Certain Claims. Notwithstanding Section X, B. above, disputes (i) between <br />Residents of the Lots over interpretation of these covenants, (ii) regarding party wall maintenance or <br />other disputes or disputes regarding the adequate maintenance or upkeep of a lot or the propriety of <br />the imposition of a lien, or (iii) relating to the effect of an amendment on any Class of Members' or <br />Residents shall be settled by arbitration under the Nebraska Uniform Arbitration Act Section 25-2601 <br />et seq., Nebraska Revised Statutes. Such an arbitration shall be commenced by any party giving <br />written notice (the "Arbitration Notice") to the other parties and the Declarant. The cost of any such <br />arbitration shall be borne equally by the parties involved or as determined by the Arbitrator. No legal <br />action with respect to a dispute subject to arbitration pursuant the provisions of this paragraph shall <br />be commenced or maintained unless and until the provisions of this paragraph for arbitration have <br />been satisfied. The appointment of arbitrators shall be made in accordance with the following <br />provisions: (i) the Developer or in its absence or refusal to act the President of the Association shall <br />appoint an Arbitrator acceptable to each Owner in the dispute and give prompt written notice of such <br />appointment to each Owner in the dispute. If after three appointments are proposed and rejected by <br />an Owner within ten (10) days following such appointment, then each Owner involved in such <br />dispute shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator. The <br />initial appointment shall be made within twenty (20) days after the Arbitration Notice has been given <br />and each subsequent appointment. In any Arbitration commenced on account of these Covenants, <br />the Arbitrators may award to the prevailing party his, her, or its attorney fees against a participant. In <br />determining to assess attorney fees and costs, prevailing party shall be that party who's last offer for <br />settlement most resembles the Arbitrator's award. If the Declarant or Association is a participant in <br />the Arbitration but not subject to fiscal liability then its attorney fees and costs shall be paid by the <br />other parties to the Arbitration or one of them as determined by the Arbitrator. <br />D. Consent to Entry. The failure of any Lot Owner to maintain his or her lot to the standards <br />of the Declarant/Association is deemed to be consent for the Declarant/Association to enter upon said <br />lot and maintain the same at the cost of the Lot Owner. <br />E. Developer Reservation. In the event that the Association, the members thereof, or the <br />directors thereof shall fail or neglect to perform its right, duties and obligations in accordance with <br />the intents, purposes, and provisions of this Declaration, then Developer reserves the right to call <br />such meetings, make such appointments and to take such further action as may be necessary, from <br />time to time, to ensure that the objects and purposes of the Declaration are being fulfilled. <br />19 <br />