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202500658
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Last modified
2/6/2025 4:15:02 PM
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2/6/2025 4:15:01 PM
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DEEDS
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202500658
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202500653 <br />MINIMUM VALUATION AS SET FORTH IN ANY EXISTING OR FUTURE <br />REDEVELOPMENT CONTRACT FOR ANY OUTSTANDING TAX INCREMENT <br />FINANCING PROJECT, NOR CLAIM, OR IN ANY MANNER UTILIZE, ANY <br />EXEMPTION UNDER NEBRASKA OR FEDERAL LAW TO EXCLUDE ANY LOT <br />FROM THE OBLIGATION TO PAY ANY AD VALOREM TAXES OR REDUCE TAXES <br />LEVIED UPON A LOT FOR SO LONG AS ANY PORTION OF SUCH AD VALOREM <br />TAXES ATTRIBUTABLE TO THAT LOT ARE ALLOCATED INTO A SPECIAL FUND <br />OF THE COMMUNITY REDEVELOPMENT AUTHORITY FOR THE PAYMENT OF <br />PRINCIPAL, INTEREST, AND OTHER ELIGIBLE COSTS RELATED TO THE <br />PROPERTY FOR ANY TAX INCREMENT FINANCING PROJECT; AND EACH <br />OWNER SHALL BE DEEMED TO HAVE IRREVOCABLY WAIVED ANY SUCH <br />EXEMPTION. <br />ARTICLE III <br />ORGANIZATION OF ASSOCIATION <br />1. Formation of Association. The Association is a non-profit Nebraska <br />corporation charged with the duties and vested with the powers prescribed by law and set forth <br />in the Articles, Bylaws and this Declaration. Neither the Articles nor Bylaws shall, for any <br />reason, be amended or otherwise changed or interpreted so as to be inconsistent with this <br />Declaration. Upon termination of Developers' control period, it shall be the responsibility of <br />the Association to enforce all of the covenants, restrictions and conditions contained in this <br />Agreement. <br />2. Voting Membership. The Owner of each Lot shall be issued one (1) share of <br />Class A Voting Membership in the Association and shall be entitled to one (1) vote for each <br />share so issued provided that with regard to Lot Twenty Eight (28), Legacy 34 Third <br />Subdivision, there shall initially be issued three (3) shares of Class A Voting Membership in <br />the Association with one (1) share being allocated to each of the owners of the condominium <br />units on said Lot and NOTWITHSTANDING THE FOREGOING, DEVELOPERS SHALL <br />BE ENTITLED TO TEN (10) VOTES FOR EACH SHARE OF CLASS A MEMBERSHIP <br />OWNED BY DEVELOPERS. For each additional condominium unit created on Lot Twenty <br />Eight (28), Legacy 34 Third Subdivision, there shall be one Class A Voting Membership <br />issued per unit. No shares shall be issued for any Outlots. <br />3. Transfer of Class A Voting Membership. The share of Class A membership <br />shall run with the land and automatically be transferred to any new owner upon the sale or <br />other transfer of any Lot. <br />4. Developers/Board of Directors/Annual Assessment. A Board of Directors has <br />been established. Upon termination of Developers' control period, the Board of Directors <br />shall control, by majority vote, the management and operation of the Association. The owners <br />of the condominium units (by majority vote) for the condominium constructed on Lot Twenty <br />Eight (28), Legacy 34 Third Subdivision shall have the right at all times to appoint at least <br />one member to the Board of Directors. The Developers and subsequently the Board upon <br />termination of Developers' control period, in its sole and absolute discretion, may fix the <br />amount of the Annual Assessment as follows: <br />6 <br />
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