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