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2021020go WHEREAS, Declarants at this time include in the Declaration and impose the restrictions upon the common areas and lots of the property described above. NOW THEREFORE, Declarants hereby declare that the lots of the property described above, shall be held, sold and conveyed subject to the following reservations, easements, limitations, restrictions, servitudes, covenants, conditions, charges, and liens (hereinafter collectively termed "covenants and restrictions") which are for the purpose of protecting the value and desirability of lots one (1) through seventy-one (71), comprising the AMICK ACRES WEST SUBDIVSION and which shall run with the real property and be binding on all parties having any right, title, or interest in one of the described lots one (1) through seventy-one (71), or any part thereof, their heirs, successors and assigns, and which shall inure to the benefit of each Owner thereof. ARTICLE I. DEFINITIONS The following words, phrases, or terms used in this Declaration shall have the following definitions: 1. "Annual Assessment" shall mean the charge levied and assessed each year against each Lot, Owner, or Lessee pursuant to Article III, paragraph 4 below. 2. "Architectural Committee" shall mean the committee of the Association created pursuant to Article II, paragraph 4 below. 3. "Articles" shall mean the Articles of Incorporation of the Association as the same may from time to time be amended or supplemented. 4. "Assessment" shall mean the Annual Assessment, Special Assessment, and/or Maintenance Charge. 5. "Assessment Lien" shall mean the lien created and imposed by Article III. 6. "Association" shall mean the AMICK ACRES WEST HOMEOWNERS ASSOCIATION, INC., which will hereafter be incorporated as a non-profit Nebraska Corporation, its successors and assigns. 7. "Board" shall mean the Board of Directors of the Association. 8. "Bylaws" shall mean the Bylaws of the Association and any amendments or supplements to such Bylaws. 9. "Common Area" shall mean (a) all areas marked "common area," or "outlot" on the final recorded plat of the AMICK ACRES WEST SUBDIVISION, and all improvements hereafter constructed by the Association, and (b) areas on a lot within easements granted to the Association or its Members for the location, construction, maintenance, repair and placement of boat slips, and (c) all of the bed of Lake Fred and Lake Carl and related facilities, landscaped areas, and the private streets of the Association. The Common Area or Outlots described in part (a) of this paragraph shall be conveyed to the Association by the time conveyance of the first Lot subject to this Declaration and subject to any adjustment in such areas as may be made by recorded instruments. The easements may be granted and created on a Recorded subdivision plat or Tract Declaration or by a deed or other conveyance accepted by the Association. 21Page