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202106549 NOW THEREFORE, these Covenants are established upon the Lots as follows: 1. Association. Restrictive Covenants were established by the "Agreement for Restictive Covenants, Restricitons, and Conditions for "Eagle Lake Estates Subdividion" filed with the Register of Deeds of Hall County, Nebraska as Document number 81-004889 in 1981. By its terms, Lots 1, 2, 25 and 26 were not part of or affected by the Agreement. Lots 1 and 26 are owned by Eagle Lake Association. All other lots of Eagle Lake Estates Subdivision were made subject to the 1981 Agreement. Every person or entity who becomes a record titleholder of a fee interest in any Lot which is subject to the terms of the 1981 Agreement or these Covenants shall be a member of the Association and agrees to be bound by the provisions of the Covenants, including contract buyers. Any person or entity who holds an interest merely as security for the performance of an obligation shall not be a member. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to the terms of the Covenants. Although the owners of Lots 1, 2 and 25 are not subject to these Covenants and Restrictions those owners are encouraged to follow the directives of this Declaration and pay Association dues voluntarily. 2. Owners. The Association shall have one class of membership which shall be all Owners designated above and who have lake frontage on Eagle Lake, located in Grand Island, Nebraska. Each Owner shall have one vote on all Association matters regardless of the number of lots owned. 3. Covenants, Restrictions and Conditions. In consideration of the mutual benefits to be derived by the Owners, and any subsequent purchaser or purchasers, their heirs, devisees, personal representatives and assigns, the Owners stipulate and agree that their lots and tracts having lake frontage on Eagle Lake shall be and hereby are subject to the following protective covenants, restrictions and conditions. All covenants, restrictions and conditions herein shall run with the land and are as follows: A. The Owner agrees to use Eagle Lake in such a manner as to not interfere with the use of the lake by any other member, and in such manner as to create no nuisance, annoyance, or unlawful disturbance or which shall interfere with their peaceful use and enjoyment of their property. The Owner shall be responsible for conduct and safety of his, her or their guests. B. Each Owner acknowledges that Eagle Lake is potentially dangerous and there shall be no liability of any kind upon the Owners or Eagle Lake Association for any accident, injury, with Eagle Lake, and the use of Eagle Lake by any Owner, his, her or their guests, shall be at the sole risk of the Owner and guests of the Owner. C. No organic -fueled boats shall be placed in or used on Eagle Lake by any Owner or their guests. Speed of boats is restricted to "no wake". D. Any personal or real property taxes levied and assessed against Eagle Lake Association shall be borne equally and paid by the members of Eagle Lake Association through the annual or special assessments as described herein. 3