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202002679 neither Article 11, Article 14, nor this sentence may be amended without the prior written consent of the Declarant and each Designated Builder even if the Declarant or Designated Builder no longer own any Lots at the time of the amendment. Any amendment approved by the Members pursuant to this Section shall certify that the amendment has been approved as required by this Section, shall be signed by the President or Vice President of the Association, and shall be Recorded. Unless a later effective date is provided for in the amendment, any amendment to this Declaration shall be effective upon the Recording of the amendment. Notwithstanding any other provision of this Declaration to the contrary, this Declaration may not be amended to conflict with the conditions of approval of any Plat by the City of Grand Island unless the Plat is abandoned. Any challenge to an amendment to this Declaration for the reason that the amendment was not adopted by Members holding the required number of votes or was not adopted in accordance with the procedures set forth in this Section must be made within one (1) year after the Recording of the amendment. 12.4 Condemnation of Common Area. If all or any part of the Common Area is taken or condemned, or conveyed by the Association in lieu of or under threat of such condemnation, by or to any authority having the power of condemnation or eminent domain, the award or other compensation paid as a result of such taking or conveyance shall be paid to the Association. Any conveyance by the Association of all or any part of the Common Area in lieu of or under threat of condemnation must be approved in accordance with the provisions of Section 7.16. If the taking, condemnation, or conveyance involves a portion of the Common Area upon which Improvements have been constructed, then the Association shall construct replacement Improvements on the remaining Common Area to the extent land is available for such construction unless, within sixty (60) days after such taking, the Members holding at least eighty percent (80%) of the votes in the Association vote not to build replacement Improvements. If such replacement Improvements are to be constructed, then the Association shall be entitled to use the award or other compensation made for such taking solely for the purpose of such construction. If the taking does not involve any Improvements on the Common Area or if the Members holding more than eighty percent (80%) of the votes in the Association vote not to construct any replacement Improvements or if there are any net funds remaining after such construction is completed, then such awarded net funds shall be retained by the Association and used for such purposes as may be determined by the Board. 12.5 Interpretation. Except for judicial construction, the Association shall have the exclusive right to construe and interpret the provisions of this Declaration. In the absence of any adjudication to the contrary by a court of competent jurisdiction, the Association's construction or interpretation of the provisions hereof shall be final, conclusive, and binding as to all Persons and Property benefited or bound by this Declaration. In the event of any conflict between this Declaration and the Articles, By -Laws, Association Rules, or Design Guidelines, this Declaration shall control. In the event of any conflict between the Articles and the By -Laws, the Articles shall control. In the event of any conflict between the By -Laws and the Association Rules or the Design Guidelines, the By -Laws shall control. 12.6 Severability. Whenever possible, each provision of this Declaration shall be interpreted so as to be effective and valid under Nebraska law. If any provision of this Declaration is, for any reason and to any extent, invalid or unenforceable, then neither the remainder of this Declaration nor the application of such provision to other Persons or in other circumstances shall be affected by such invalidity or unenforceability. Page 44 of 52