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20210185'3 <br />diagram and map attached hereto as Exhibit "A", which exhibit is incorporated <br />herein by reference. The condominium is located entirely in Hall County, Nebraska, <br />and the legal description of the real estate included therein is Lots One (1) through <br />Three (3), Setag Subdivision to the City of Grand Island, Hall County, Nebraska. <br />2. Section 2.2 of the Declaration is hereby amended to read as follows: <br />2.2 Description of the Square Footage Content of Each Unit. The square <br />footage content space of each unit and of each area of the condominium subject to <br />individual and exclusive control is set forth on the Unit Plans of the building as <br />shown on the diagram and map attached hereto as Exhibit "A". <br />3. Section 3.1 of the Declaration is hereby amended to read as follows: <br />3.1 Easements and Encroachments. Each unit and the common elements <br />shall be subject to an easement for encroachments, including, without limitation, <br />encroachments of walls, ceilings, ledges, floors, and roofs created by construction, <br />settling and overhangs as originally designed and constructed or as exists as <br />discrepancies between the map and diagram attached hereto as Exhibit "A" and the <br />actual construction. If any portion of the common elements shall actually encroach <br />upon any unit, or if any unit shall actually encroach upon any portion of the <br />common elements, or if any unit shall actually encroach upon another unit, as the <br />common elements and the units are shown on the map and diagram attached hereto <br />as Exhibit "A", a valid easement for any of the said encroachments and for the <br />maintenance thereof, so long as they stand, shall and does exist. In the event that <br />any units or structure is repaired or altered, the owners of the units agree that similar <br />encroachments shall be permitted and that a valid easement for such encroachment <br />and for the maintenance thereof shall exist. The owner and any other parties <br />acquiring and interest in the condominium shall agree to the existence of such <br />easements by accepting a deed or otherwise becoming the owner of a unit. <br />4. Article VIII. of the Declaration is hereby amended to read as follows: <br />ARTICLE VIII. <br />ALLOCATION OF COMMON ELEMENT INTEREST <br />AND COMMON EXPENSE LIABILITIES <br />Each unit is allocated that percentage of undivided interest in the common <br />elements and in the common expenses of the Association as the area in each unit <br />bears to the total area of all units as reflected in the map and diagram attached hereto <br />as Exhibit "A". <br />5. Article XXII. of the Declaration is hereby amended to read as follows: <br />ARTICLE XXII. <br />DIAGRAMS, MAPS AND PLANS <br />Diagrams, maps and plans are attached to this Declaration as Exhibit "A" <br />and hereby incorporated by this reference, which show the name and a general <br />schematic map of the entire condominium project; the extent of any encroachments; <br />easements, if applicable; the location and dimensions of any vertical unit <br />boundaries and the unit identification numbers; the location with reference to an <br />established datum of any horizontal unit boundaries; and the location and <br />dimension of limited common elements. <br />6. The undersigned, constituting the owners of all units in ISLAND WEST PLAZA <br />CONDOMINIUM PROPERTY REGIME and representing all outstanding votes in the <br />Association, hereby affirmatively vote to approve the amendment of the Declaration and consent <br />to the subdivision of former unit 2808 Old Fair Road into two units, 2808 Old Fair Road and 2810 <br />Old Fair Road, as reflected in Exhibit "A". <br />2 <br />