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202406497
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Last modified
12/20/2024 2:50:27 PM
Creation date
12/20/2024 2:43:51 PM
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DEEDS
Inst Number
202406497
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202406497 <br />ARTICLE 13. GENERAL PROVISIONS <br />1) Enforcement. The Association or any Unit Owner may enforce the restrictions, <br />conditions, covenants and reservations imposed by the provisions of any Documents <br />by proceedings at law or in equity, against any Person or against the Association <br />violating or attempting to violate any of the terms of the Documents, either to recover <br />damages for such violation, including reasonable attorneys' fees incurred in enforcing <br />this Declaration or the Documents, or to restrain such violation or attempted violation <br />or to modify or remove structures fully or partially completed in violation thereof, or <br />both. Failure of the Association or of any Unit Owner to enforce any covenant or <br />restriction contained in the Documents shall in no event be deemed a waiver of the <br />right to do so thereafter. The Association shall not be liable to reimburse any Unit <br />Owner for attorneys' fees or costs incurred in any suit brought by a Unit Owner against <br />anyone other than the Association to enforce or attempt to enforce this Declaration or <br />other Documents. <br />2) Term of Declaration. This Declaration shall run with the land, shall be binding upon <br />all Persons owning Units and any Persons hereafter acquiring said Units, and shall be <br />in effect in perpetuity unless amended or terminated as provided in the Act. <br />3) Amendment of Declaration. Except as otherwise provided in the Act and this <br />Declaration, any provision, covenant, condition, or restriction in this Declaration may <br />be amended or repealed at any time and from time to time upon Approval of the <br />amendment or repeal by all Members of the Association whether present in person or <br />by proxy at a duly called meeting of the Members. The Approval of any such <br />amendment or repeal shall be evidenced by the certification by the Board of Directors <br />of the Association of the vote of Members. The amendment or repeal shall be effective <br />upon the recordation in the office of the Register of Deeds of Hall County, Nebraska. <br />4) Taxes. Each Unit Owner shall be solely responsible for payment of real property, <br />personal property, sales and use taxes regarding the Unit Owner's Unit. Real and <br />personal property taxes against the Common Elements, if any, shall be allocated to the <br />Unit Owners in the same manner as common area expenses. <br />5) Captions. The captions contained in the Documents are inserted only as a matter of <br />convenience and for reference, and in no way define, limit or describe the scope of the <br />Documents or the intent of any provision thereof. <br />6) Waiver. No provision contained in the Documents is abrogated or waived by reason <br />of any failure to enforce the same, irrespective of the number of violations or breaches <br />which may occur. <br />7) Invalidity and Severability. The invalidity of any provision of the Documents does not <br />impair or affect in any manner the validity, enforceability of effect of the remainder, <br />and if a provision is invalid, all of the other provisions of the Documents shall continue <br />in full force and effect. <br />13 <br />
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