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202105343
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Last modified
6/24/2021 3:46:40 PM
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6/24/2021 3:46:40 PM
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DEEDS
Inst Number
202105343
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202105343 <br />h. The Association shall have an Architectural Control Committee for <br />ensuring harmony of external design, color and general appearance which <br />requirements shall be set forth in said By -Laws of said Association. The <br />Association shall promulgate rules and regulations necessary for the <br />maintenance and use of the lots and townhomes thereon. <br />The Association is specifically authorized hereunder to contract with any third party to <br />manage the Properties and/or provide maintenance or services as provided herein. <br />In the event that any maintenance or repair is caused through the willful or negligent act of <br />any owner, his or her family, guest or invitees, or his or her pet, the cost of such maintenance shall <br />be promptly paid by such owner. <br />The Association may, upon request from and with the written consent of any owner, <br />contract to have various maintenance or repair items performed for such owner. Any maintenance <br />or repair items so performed shall be the obligation of such owner and not the obligation of the <br />Association and such owner shall promptly pay for any maintenance or repair items so performed. <br />5. Each owner of any Lot contained within the Properties shall maintain insurance on <br />their personal property contained in their individual residential townhomes as well as any liability <br />coverage. Each owner shall be responsible for ensuring that their personal property contained in <br />their individual residential townhome and any necessary liability coverage is adequately insured <br />and each owner is responsible for payment of such personal property, liability insurance and any <br />other required premiums. <br />6. Each wall built as a dividing wall between separate dwellings constructed upon the <br />Lots contained within the Properties as part of the original construction of townhomes upon Lots <br />contained within the Properties shall constitute a party wall to be used by adjoining owners, <br />notwithstanding the fact that the wall so constructed, through error in construction or settling of <br />the wall so constructed, may not be located precisely on the dividing line between the Lots. To <br />the extent not inconsistent with the provisions of this Article III., Section 6., the general rules of <br />law regarding party walls and liability for property damage due to negligence or willful acts or <br />omissions shall apply thereto. If a party wall is destroyed or damaged by fire or other casualty to <br />the extent that the same is not covered by insurance, any owner who has used the wall may restore <br />it and shall have an easement over the premises of the adjoining owner for purposes of construction <br />of said wall, and if any other owner thereafter makes any use of the wall, by commencement of <br />construction on his premises adjoining said wall, such other owner shall contribute to the costs of <br />restoration thereof in proportion of which the adjoining owner uses the wall; provided, however, <br />that any owner may call for a larger contribution under any rule of law regarding liability for <br />negligent or willful acts or omissions. Any owner who by his negligent or willful act causes the <br />party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary <br />protection against the elements. The right of any owner to contribution from any other owner <br />shall be appurtenant to the land and shall pass to any owner's successors and assigns. <br />7. The Association and its employees and agents shall have the right of access to any <br />Lot contained within the Properties for the purposes of performing maintenance and repairs and <br />otherwise performing its duties hereunder and is hereby granted a specific easement for such <br />purpose. <br />8. These restrictive covenants, restrictions and conditions are to run with the land and <br />shall be binding on all persons and all parties claiming ownership of Lots Seventeen (17) through <br />Twenty (20), Thelen Subdivision, First Addition, Wood River, Hall County, Nebraska, until July <br />1, 2031 at which time these Restrictive Covenants, Restrictions and Conditions shall be <br />automatically extended for successive periods of ten (10) years, unless changed or modified by a <br />vote of a majority of the then owners of Lots Seventeen (17) through Twenty (20), Thelen <br />Subdivision, First Addition, Wood River, Hall County, Nebraska. <br />Page 4 of 6 <br />
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