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201907112 At that time said covenants would automatically extend for successive periods of ten (10) years unless amended by written agreement as follows: a. Seventy percent (70%) of the then owners of the lots during the first fifteen (15) year period of this instrument, and thereafter by not less than fifty percent (50%) of the owners of the lots. Said covenants etc. may be changed in whole or in part. Said amended agreement shall be executed and recorded in the manner provided by law for conveyance or real estate. Prior Declarations and Amendments are hereby repealed. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Park Garden Homeowners Association, Inc., its successors and assigns a Nebraska non-profit corporation. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 3. "Properties" shall mean and refer to that certain real estate herein before described. Section 4. "Common Area" shall mean all real property in Park Gardens 2nd Subdivision, 3rd Subdivision, 4th Subdivision and 5th Subdivision over which the Association has an easement. The Association shall provide maintenance as per this Declaration on additional areas designed "Common Area" and further described as: a. The berm located on part of Lot 5, Park Gardens 2nd Subdivision. b. The center area of the cul de sac. c. The "berm" located on part of Lot 1, Park Gardens 2nd Subdivision. d. All curb sidewalks. Section 5. "Lot" shall mean and refer to any platted lot of land shown upon the recorded Subdivision maps of the Properties, such maps being recorded in the Office of the Register of Deeds of Hall County, Nebraska. Section 6. "Declarant" shall mean and refer to Park Gardens Homeowners Association, Inc., its successors and assigns, to the extent that the original Declarant Paae 2 of 14