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202002679 Declarations for various parts of the Project. The right of the Designated Builders to Record Supplemental Declarations shall terminate at such time as no Designated Builder owns any Lot. If the property to be covered by a Supplemental Declaration is not owned by the Declarant or a Designated Builder that has executed the Supplemental Declaration, then the Supplemental Declaration must also be signed by the owners of fee title to the property covered by the Supplemental Declaration. A Supplemental Declaration may designate Common Areas or other Areas of Association Responsibility and impose such covenants, conditions, restrictions, and easements as the Declarant or Designated Builder executing the Supplemental Declaration deems appropriate for the property to be covered by the Supplemental Declaration. A Supplemental Declaration may also designate Subdivision Assessment Areas, Subdivision Common Areas, and Subdivision Services. If a Supplemental Declaration designates any Subdivision Common Areas or Subdivision Services, the Supplemental Declaration shall also designate the Subdivision Assessment Area containing the Lots that will subject to a Subdivision Assessment. A Supplemental Declaration may only be amended by a written instrument executed by: (a) the Owners representing more than 75% of the votes held by the Owners of all the Lots subject to the Supplemental Declaration; (b) the Declarant, so long as the Declarant owns any Lot in the Project; (c) after the Declarant no longer owns any Lot, all Designated Builders owning any Lots in the Project; and (d) after neither the Declarant nor any Designated Builders own any Lot, the Board. 2.4 Obligation to Construct Association Common Area Improvements. The Builder or other owner of real property identified or designated on a Plat or in a Supplemental Declaration as real property that is to be Common Area or to be an Area of Association Responsibility shall be responsible for installing and constructing Improvements on such real property in accordance with plans and specifications for such real property approved by the Design Review Committee. The construction and installation of Improvements on any such real property shall be constructed in a good and workmanlike manner in accordance with applicable industry standards and shall be completed within such time period as may be specified by the Design Review Committee. Upon completion of the construction and installation of Improvements on any real property designated as Common Area, the Owner of such real property shall convey fee title to the real property to the Association. The Association shall accept the conveyance of such real property so long as all the following conditions are met: (a) the Owner provides the Association, at the Owner's expense, with a standard -coverage owner's policy of title insurance, in an amount reasonably acceptable to the Association, issued by a title insurance company authorized to transact such business in the State of Nebraska, insuring that the Association is the Owner of fee title to the real property subject to any liens and other matters as may be approved by the Association; and (b) all warranties applicable to the Improvements constructed or installed on the real property are assigned to the Association. 2.5 Farming and Agricultural Uses. The Project is located in proximity to existing farming and other agricultural operations with potential activity 24 hours per day, seven days per week, in perpetuity. As a result, residents of the Project may be exposed to nuisances associated with the farming and agricultural operations in the immediate and surrounding area, including but not limited to noise, odors, dust, grazing of animals, flies, pollen, chaff from harvesting, pesticide spray applications, and farm equipment operations. Declarant makes no representations or warranties whatsoever with regard to farming and agricultural operations. 2.6 Disclaimer of Implied Covenants. Declarant makes no representation or warranty that the Project will be developed in accordance with the zoning and development plan for the Project as it exists as of the Recording of this Declaration. Each Owner, Resident, and other Person acquiring any Lot or other real property in the Project acknowledges that the zoning and development plan may be amended from time to time by the County. Declarant makes no warranties or representations, express or implied, as to the binding effect or enforceability of all or any portion of the Community Documents or as to the compliance of any provision of the Community Documents with public laws, ordinances, or regulations applicable to the Project. Nothing contained in this Declaration and nothing that may be represented to a Purchaser by real estate brokers or salesmen shall be deemed to create any implied covenants, servitudes, or restrictions with respect to the use of any Property subject to this Declaration. Page 12 of 52