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202305888
<br />(c) Fractional Interest in Common Elements. Subject to the Special
<br />Declarant Rights affording developmental rights to common areas of this
<br />Condominium, each unit shall be allocated an undivided interest in and to the
<br />common elements of the condominium, based upon the square footage of each
<br />condominium unit as a percentage of the total square footage of the total
<br />condominium as follows:
<br />Unit One (1) 33.1862%
<br />Unit Two (2) 33.8178%
<br />Unit Three (3) 32.9960%
<br />Such allocated and undivided interests in the common elements are subject to future
<br />adjustment each time that additional units shall be created in respect to a building
<br />currently existing, hereafter constructed, or hereafter added in any other manner,
<br />and shall be evidenced by a proper Amendment to this Declaration to be then filed
<br />of record in respect to this Condominium.
<br />8. Conveyances. Any unit may be conveyed or encumbered, subject to the provisions of
<br />this Declaration.
<br />9. Subdivision. With the written approval of the Executive Board of Directors of the
<br />association, units may be combined or divided and incorporated within the boundaries of one or
<br />more other units. However, no division of any unit, other than by action of Declarant, shall
<br />increase the total number of units. Upon approval, the Executive Board of Directors shall record
<br />an Amendment to this Declaration, and the allocated interest shown herein shall be reallocated.
<br />The expense of preparation of the Amendment, reallocation of the allocated interests, and
<br />recording fees shall be assessed against the units affected.
<br />10. Severance and Partition Limitations. No owner shall be entitled to sever their interest
<br />in their unit from their undivided interest in the common elements, their right to the use of the
<br />limited common elements, and their right and easement to the use and enjoyment of the common
<br />elements. The undivided interest in the common elements as established by this Declaration and
<br />the fee title to their respective units shall not be separated, severed, partitioned, or separately
<br />conveyed, encumbered or otherwise transferred, and each such undivided interest in the common
<br />elements shall conclusively be deemed transferred or encumbered with the unit to which it is
<br />appurtenant, even though the description in the instrument of conveyance or encumbrance may
<br />refer only to the unit. The provision of Nebraska Law relating to partition of real property shall
<br />not be available to any owner of a unit or of any other interest in real property included in the
<br />condominium as against any other owner or owners or units or of any other interest in the
<br />condominium as to terminate the condominium status created by the recording of this Declaration;
<br />provided, however, nothing contained in this Declaration shall be construed as a limitation on
<br />partition by joint owners of one or more units as to individual ownership of such unit without
<br />terminating the condominium status, or as to the ownership of such unit and real property outside
<br />the limits of the condominium status. Nothing contained in this section shall be construed to
<br />preclude an owner of a unit from creating a co -tenancy in the ownership of a unit with any other
<br />person or persons.
<br />11. Maintenance and Improvement of the Units. Each unit shall be maintained by the unit
<br />owner. Each unit owner shall promptly report to the Executive Board of Directors of the
<br />association any need for repairs for which the association is responsible. Notwithstanding the
<br />general provisions for maintenance, the Executive Board of Directors may establish specific
<br />maintenance responsibilities that shall be uniform as to all units.
<br />Absent establishment of other specific maintenance responsibilities by the Executive Board
<br />of Directors, each owner of any unit, at the unit owner' s own expense, shall maintain, repair,
<br />replace and restore all doors, window glass, and any heating, cooling and air conditioning systems
<br />and equipment exclusively serving their unit, and all electrical and plumbing fixtures and
<br />appliances exclusively serving their unit, including without limitation laundry equipment, water
<br />heaters, and other built-in appliances. Each owner shall clean, maintain, repair, replace and restore
<br />all interior finishes, including without limitation floor coverings and wall coverings. No owner
<br />shall remove, alter, injure or interfere in any way with any shrubs, trees, grass or plantings placed
<br />upon the condominium by the Declarant or the association without first having obtained the written
<br />consent of the association. In addition, each owner shall be responsible for the maintenance and
<br />repair of the limited common elements (except for the structural parts of the limited common
<br />elements) to which they have the right of exclusive use pursuant to Section 5(a) or 5(b) of this
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