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202400135
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Last modified
1/10/2024 4:36:22 PM
Creation date
1/10/2024 4:35:55 PM
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DEEDS
Inst Number
202400135
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202400135 <br />Such assessments are subject to future adjustment each time that additional units <br />shall be created. Such additional units shall be evidenced by a proper Amendment <br />to this Declaration to be then filed of record in respect to this Condominium. <br />(c) Fractional Interest in Common Elements. Each unit shall be allocated <br />an undivided interest in and to the common elements of the condominium, based <br />upon the square footage of each condominium unit as a percentage of the total <br />square footage of the total condominium as follows: <br />Unit One (1) 57.12% <br />Unit Two (2) 32.26% <br />Unit Three (3) 10.62% <br />Such allocated and undivided interests in the common elements are subject to future <br />adjustment each time that additional units shall be created. Such additional units <br />shall be evidenced by a proper Amendment to this Declaration to be then filed of <br />record in respect to this Condominium. <br />7. Conveyances. Any unit may be conveyed or encumbered, subject to the provisions <br />of this Declaration. <br />8. Subdivision. Each unit may be further divided by the unit owner from time to time. <br />Upon the further division of a unit by a unit owner, the allocated interests shown in Section 6 shall <br />be reallocated. The unit owners of all units agree to execute and record an Amendment to this <br />Declaration that reflects the further division of the unit and the reallocated interest shown in <br />Section 6. The expense of preparation of the Amendment, reallocation of the allocated interests, <br />and recording fees shall be assessed against the units affected. <br />9. Severance and Partition Limitations. No owner shall be entitled to sever their <br />interest in their unit from their undivided interest in the common elements or their right and <br />easement to the use and enjoyment of the common elements. The undivided interest in the <br />common elements as established by this Declaration and the fee title to their respective units shall <br />not be separated, severed, partitioned, or separately conveyed, encumbered or otherwise <br />transferred, and each such undivided interest in the common elements shall conclusively be <br />deemed transferred or encumbered with the unit to which it is appurtenant, even though the <br />description in the instrument of conveyance or encumbrance may refer only to the unit. The <br />provision of Nebraska Law relating to partition of real property shall not be available to any owner <br />of a unit or of any other interest in real property included in the condominium as against any other <br />owner(s) or units or of any other interest in the condominium as to terminate the condominium <br />status created by the recording of this Declaration; provided, however, nothing contained in this <br />Declaration shall be construed as a limitation on partition by joint owners of one or more units as <br />to individual ownership of such unit without terminating the condominium status, or as to the <br />ownership of such unit and real property outside the limits of the condominium status. Nothing <br />contained in this section shall be construed to preclude an owner of a unit from creating a co- <br />tenancy in the ownership of a unit with any other person or persons. <br />10. Maintenance and Improvement of the Units. Each unit shall be maintained by the <br />unit owner. <br />11. Use of Units. No unit shall be used other than for commercial business purposes. <br />No immoral, improper, offensive, or unlawful use shall be made of any part of the condominium. <br />All valid laws, zoning ordinances, and regulations of all governmental bodies having jurisdiction <br />over the condominium shall be observed. Any violation of such laws, zoning ordinances or <br />regulations shall be a violation of this Declaration. <br />12. Nuisance. No noxious or offensive activity shall be permitted within any unit, or <br />anything which is an annoyance or nuisance or which endangers the health or unreasonably <br />disturbs the quiet of the occupants of adjoining units. <br />13. Utility Easement. There is hereby created an easement upon, across, over and under <br />the units and common elements, for reasonable ingress, egress, installation, replacing, repairing, <br />or maintaining of all utilities, including but not limited to water, sewer, telephone, cable television, <br />natural gas, and electricity. By virtue of this easement, it shall be expressly permissible for the <br />providing utility company to erect and maintain the necessary equipment on the common elements. <br />Notwithstanding anything to the contrary contained in this section, no sewers, electrical lines, <br />Page 2 of 7 <br />
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