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202109927
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Last modified
11/22/2021 4:45:29 PM
Creation date
11/22/2021 3:57:27 PM
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DEEDS
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202109927
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20210992►/ <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 unit, <br />any portion serving only that unit is a limited common element allocated to that <br />unit, and any portion serving more than one unit or any portion of the common <br />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 make <br />the condominium part of a larger condominium, group of condominiums or other real estate. The <br />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 create <br />units in addition to those shown on the plat and plans attached to this Declaration subject <br />to zoning and development restrictions imposed by the City of Grand Island, 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 />(b) Two (2) years after Declarant has ceased to offer units for sale in the <br />ordinary course of business. <br />Not later than sixty (60) days after the conveyance of Thirty -Three and One -Third Percent <br />(33 1/3%) of the units, which may be created to unit owners other than the Declarant, at least one <br />(1) and not less than Twenty -Five Percent (25%) of the members of the Executive Board of <br />Directors shall be elected exclusively by unit owners other than the Declarant. Not later than sixty <br />(60) days after the conveyance of Fifty Percent (50%) of the units, which may be created to unit <br />owners other than the Declarant, not less than Thirty -Three and One -Third Percent (33 1/3%) of <br />the members of the Executive Board of Directors shall be elected exclusively by unit owners other <br />than the Declarant. <br />Not later than the termination of the period of the Declarant's control, the unit owners shall <br />elect an Executive Board of at least three (3) members, at least a majority of whom shall be unit <br />Page 2 of 12 <br />
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