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202004464 <br />4. Boundaries. The boundaries of each unit, including the unit's identifying number, are <br />shown on Exhibit "A" (plat and plan). The boundaries of units within the building are the <br />unfinished surface of the outermost interior walls, fireplace openings, if any, up to the flue in a <br />closed position, the unfinished surface of the basement floor, the unfinished surface of the ceiling <br />immediately below the roof as indicated for each separate unit upon the attached Exhibit "A", <br />and the extension of those surfaces where the unit includes unenclosed space while the <br />boundaries of any unit consisting of real estate without any building located thereon shall be <br />boundary line dimensions and locations as shown on the plat and plan. <br />5. Common Elements. The common elements are all portions of the condominium other <br />than the units. All spaces, interior partitions and other fixtures and improvements within the <br />boundaries of a unit are part of the unit. The limited common elements, other than as shown on <br />Exhibit "A", are as follows: <br />(a) If any chute, flue, duct, wire, conduit, bearing wall, bearing column or <br />any other fixture lies partially within and partially outside the boundaries of a <br />unit, any portion serving only that unit is a limited common element allocated to <br />that unit, and any portion serving more than one unit or any portion of the <br />common elements is a part of the common elements. <br />(b) Any shutters, awnings, window boxes, doorsteps, stoops, porches, <br />balconies, patios and all exterior doors and windows or other fixtures designed to <br />serve a single unit, but located outside the unit's boundaries, are limited common <br />elements allocated to that unit. <br />6. Special Declarant Rights and Control. The Declarant shall have developmental rights <br />to add units, subject to the limitation that any additional unit shall not adversely affect the access <br />or use by any other owner of a condominium unit, and power is reserved by the Declarant to <br />make the condominium part of a larger condominium, group of condominiums or other real <br />estate. The Declarant shall also retain the following additional special Declarant rights: <br />(a) The Declarant may use any unit owned or leased by the Declarant as a <br />model, sales office or management office. <br />(b) Appoint or remove any officer of the association or any executive board <br />member during any period of Declarant control herein provided for. <br />(c) The right to construct additional buildings in the Common Areas and <br />create units in addition to those shown on the plat and plans attached to this Declaration <br />subject to zoning and development restrictions imposed by the City of Grand Island, <br />Nebraska. <br />Declarant shall control the association and may appoint and remove the officers and <br />members of the Executive Board of Directors until the earlier of: <br />(a) Sixty (60) days after conveyance of One Hundred Percent (100%) of the <br />units which may be created to unit owners other than the Declarant; or <br />Page 2 of 12 <br />