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202400233 <br />DECLARATIONS <br />This Declaration is made on the date hereinafter set forth by the owners of record of the <br />following described real estate, hereinafter referred to herein as "Declarant", whether one or more, to <br />wit: <br />Lots Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19), <br />Twenty (20), Twenty-one (21), Twenty-two (22) and Twenty-three (23), LaRue Subdivision in <br />the City of Grand Island, Hall County, Nebraska, said lots hereinafter referred to as "Existing <br />Lots". <br />RECITALS <br />NOW, THEREFORE, Declarant hereby declares that all of the above described real estate shall <br />be held, sold and conveyed subject to the following restrictions, covenants, easements and conditions <br />which are adopted for the purpose of protecting the value and desirability of the above described real <br />estate, and which shall run with the real property described herein, together with any other property <br />submitted hereto as allowed by the terms of this Declaration, and shall be binding upon all parties having <br />any right, title or interest in the above described real estate or any part thereof, their heirs, successors, and <br />assigns and shall inure to the benefit of each owner thereof until July 1, 2034, at which time said <br />Covenants shall be automatically extended for successive periods of ten years unless by written <br />agreement of 70% of the then owners of the lots it is agreed to change said covenants in whole or in part. <br />Said agreement to be executed and recorded in the manner provided by law for conveyance of real estate. <br />This Declaration revokes and replaces any prior Declaration and any Amendments thereto. <br />ARTICLE I <br />DEFINITIONS <br />Section 1. "Association" shall mean and refer to Frostfire Avenue Townhomes Owners <br />Association, its successors, and assigns, a Nebraska non-profit corporation. <br />Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons <br />or entities, of a fee simple title to any lot which is described in this Declaration, hereinafter referred to as <br />the "Properties", but excluding those having such interest merely as security for the performance of an <br />obligation, or the purchaser under a recorded contract for the sale and purchase of a Lot under which the <br />Seller retains title solely as security for the performance of the purchaser's obligations under the contract. <br />At all times, the owner must reside in and occupy the home, except for temporary absences for vacations, <br />trips and medical purposes. The owner may not lease the property to any other person without the written <br />consent of 70% of the then owners of the lots. <br />Section 3. "Properties" shall mean and refer to that certain real estate hereinbefore described <br />and any additional real estate hereafter annexed hereto in compliance with the provisions of this <br />Declaration. <br />Section 4. "Lot" shall mean and refer to any platted lot of land shown upon the recorded <br />Subdivision map described as Lots 14 through 23, inclusive, of LaRue's Subdivision as recorded in the <br />Office of the Register of Deeds of Hall County, Nebraska. <br />Section 5. "Declarant" shall mean and refer to the undersigned owners, their heirs, successors <br />and assigns. <br />1 <br />