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202002679 shall be effective only upon adoption by resolution of the Board of Directors. Written notice of the adoption, amendment, or repeal of any rule or regulation shall be available upon request, and copies of the effective rules and regulations shall be made available to each Owner upon request and payment of the copying cost. Each Owner shall comply with such rules and regulations. Rules and regulations shall have the same force and effect as if they were set forth in and were part of this Declaration. In the event of conflict between the rules and regulations and the provisions of this Declaration, the provisions of this Declaration shall prevail. 7.4 Power to Enforce Rules and Regulations. The Association shall have the power to enforce the provisions of this Declaration and the rules and regulations, and shall take such action as the Board deems necessary or desirable to cause compliance by each Owner. 7.5 Enforcement of Covenants. Each Owner and all Residents of any Lot shall comply with the provisions of this Declaration. Failure to comply with any of the same shall be grounds for an action to recover sums due for damages, injunctive relief, specific performance, or any or all such remedies and for reimbursement of all attorneys' fees incurred in connection therewith. Such action shall be maintainable by Declarant or any aggrieved Owner or Owners. Further, upon any breach or violation of any provision or requirement of this Declaration by any Owner, the Association or Declarant may enter upon the Lot on which or as to which such breach or violation exists, and may summarily abate, remove, and/or modify, as applicable, any thing or condition that may breach or violate this Declaration. In the event of any such action by the Association or Declarant, the breaching or defaulting Owner shall pay all costs and expenses incurred by the Association and/or Declarant in remedying or eliminating the item that violated this Declaration, including the litigation costs and attorneys' fees, if any, incurred in connection with such breach or violation and/or the remediation of the same. If, as a result of inspections or otherwise, the DRC finds that a noncompliance to the Declaration exists, the DRC shall notify the Owner in writing of the noncompliance, which notice shall specify the particulars of the noncompliance and shall require the Owner to take such action as may be necessary to remedy the noncompliance. The Owner shall remedy or remove any such noncompliance within a period of thirty (30) days from the date of notification by the DRC. 7.6 Right of Entry. Any agent or officer of the Association may enter upon and inspect any Lot and the exterior Improvements located thereon to determine if they are in compliance with this Declaration, provided that a member of the Association has properly notified the Owner at least 24 hours prior to entry. Neither the Association nor any officer thereof shall be deemed guilty of any manner of trespass for such entry or inspection. 7.7 Declarant's Lien Right. If Declarant expends any funds or incurs any fees and/or costs to remedy any Owner's breach or violation of this Declaration, such sums shall be due and payable from the Owner to Declarant within ten (10) days after Declarant provides the breaching or defaulting Owner with written notice of the sums so expended or incurred. Any amount not paid within such ten-day period shall bear interest from the expiration of such ten-day period until paid at an interest rate equal to five percent (5%) in excess of the prime or reference rate most recently quoted by Exchange Bank, Grand Island, or any successor to such bank, as of the expiration of such ten-day period. All amounts not paid as set forth in said notice shall constitute a lien on the Lot owned by the breaching or defaulting Owner. To evidence such lien, Declarant may prepare and Record a written notice (the "Lien Notice") setting forth the amount of the fees, costs, and other expenditures incurred, the name of the Owner who owes such sums to Declarant, and the legal description of the subject Lot. Any lien created in favor of Declarant pursuant to this Section shall be subordinate to the lien of any mortgage or deed of trust Recorded prior to the Lien Notice, but shall be senior to any homestead exemption as now or hereafter may be provided by Nebraska law, and this clause shall constitute a waiver of such homestead. Any lien created in favor of Declarant pursuant to this Section may be enforced by the foreclosure of the lien encumbering the real property, including the Improvements on the real property, in like manner as a mortgage on real property is foreclosed under the laws of the State of Nebraska. Page 31 of 52