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202111035
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Last modified
1/3/2022 9:18:15 AM
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1/3/2022 9:18:13 AM
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DEEDS
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202111035
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202111035 <br />to be held within sixty days (60) of submission of plans and specifications to the Architectural <br />Committee. Approval of said plans and specifications shall be done by a majority of members present <br />at the special meeting. <br />Section 2. No landscaping which has the potential to impede or obstruct any Owner's <br />view of the golf course shall be permitted until the plans and specifications showing the nature, kind, <br />and location of such landscaping has been submitted to and approved a Grounds Committee <br />composed of three (3) or more representatives appointed by the Board of Directors ("Grounds <br />Committee") or by the Board of Directors of the Association, which shall perform the duties <br />hereunder of the Grounds Committee if no Grounds Committee is appointed. In the event the Grounds <br />Committee fails to approve or disapprove such design and location within sixty (60) days after said <br />plans and specifications have been submitted to it, approval will not be required, and this Article will <br />be deemed to have been fully complied with. <br />Section 3. It shall be permissible for an Owner to serve as a member of the Architectural <br />Committee and the Grounds Committee simultaneously. <br />ARTICLE VI. <br />PARTY WALLS <br />Section 1. General Rules of Law to Apply. Each wall built as a dividing wall between <br />separate dwellings constructed upon the lots as part of the original construction of homes upon the <br />properties shall constitute a party wall to be used by the adjoining landowners as such, <br />notwithstanding the fact that the wall so constructed, through an error in construction or settling of <br />the wall, may not be located precisely on the dividing line between the lots. To the extent not <br />inconsistent with the provisions of this Article, the general rules of law regarding party walls and <br />liability for property damage due to negligence or willful acts or omissions shall apply thereto. <br />Section 2. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged <br />by fire or other casualty to the extent the same is not covered by insurance, any Owner who has used <br />the wall may restore it and shall have, and there is hereby created an easement over the premises of <br />the adjoining landowner for its purpose of construction of the said wall, and if any other Owner <br />thereafter makes any use of the wall by the commencement of construction on his premises adjoining <br />said wall such other Owner shall contribute to the cost of restoration thereof in the proportion in which <br />the adjoining Owner uses the wall without prejudice, however, to the right of any such Owners to call <br />for a larger contribution from the others under any rule of law regarding liability or negligent or willful <br />acts or omissions. <br />Section 3. Weatherproofing. Notwithstanding any other provision of this Article, an <br />Owner who, by his negligent or willful act, causes the party wall to be exposed to the elements shall <br />bear the whole cost of furnishing the necessary protection against such elements. <br />Section 4. Right to Contribution Runs with Land. The right of any Owner to contribution <br />from any other Owner under this Article shall be appurtenant to the land and shall pass to such <br />Owner's successors in title. <br />Section 5. Arbitration. In the event of any dispute arising concerning a party wall, or <br />under the provisions of this Article, such dispute shall be submitted to and determined by a board of <br />three (3) arbitrators as follows: The party desiring to have the matter in a dispute submitted to <br />arbitration shall give the other party written notice of such desire and shall name one of the arbitrators <br />in such notice. Within ten (10) days after the receipt of such notice, the other party shall name a <br />second arbitrator, and in case of failure so to do, the party who has already named an arbitrator may <br />have the second arbitrator selected or appointed by a judge of the Hall county District Court, State of <br />Nebraska, and the two arbitrators so appointed in either manner shall select and appoint a third <br />arbitrator, and in the event eh two arbitrators so appointed shall fail to appoint the third arbitrator <br />within ten (10) days after the naming of the second arbitrator, either party may have the third arbitrator <br />selected or appointed by one of said judges, and the three arbitrators so appointed shall thereupon <br />5 <br />
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