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202501042 <br />AUTHORITY FOR THE PAYMENT OF PRINCIPAL, INTEREST, AND OTHER ELIGIBLE <br />COSTS RELATED TO THE PROPERTY FOR ANY TAX INCREMENT FINANCING <br />PROJECT; AND EACH OWNER SHALL BE DEEMED TO HAVE IRREVOCABLY WAIVED <br />ANY SUCH EXEMPTION. IF TWO LOTS ARE COMBINED INTO A SINGLE LOT. THE <br />TAX VALUATION FOR THE SINGLE LOT SHALL EQUAL OR EXCEED THE TOTAL <br />VALUATION TARGET OF BOTH LOTS ($600,000.00 FOR A SINGLE LAKE LOT FOR A <br />TOTAL OF $1,200,000.00 FOR TWO COMBINED LAKE LOTS AND $350,000.00 FOR A <br />SINGLE NONLAKE LOT FOR A TOTAL OF $700,000.00 FOR TWO COMBINED <br />NONLAKE LOTS. <br />ARTICLE III. <br />ORGANIZATION OF ASSOCIATION <br />1. Formation of Association. The Association is a non-profit Nebraska corporation <br />charged with the duties and vested with the powers prescribed by law and set forth in the Articles, <br />Bylaws and this Declaration. Neither the Articles nor Bylaws shall, for any reason, be amended <br />or otherwise changed or interpreted so as to be inconsistent with this Declaration. Upon <br />termination of Developer's control period, it shall be the responsibility of the Association to <br />enforce all of the covenants, restrictions and conditions contained in this Agreement. <br />2. Voting Membership. The Owner of each Lot shall be issued one (1) share of Class <br />A Voting Membership in the Association and shall be entitled to one (1) vote for each share so <br />issued, NOTWITHSTANDING THE FOREGOING, DEVELOPER SHALL BE ENTITLED TO <br />TEN (10) VOTES FOR EACH OWNED LOT. No shares shall be issued for any Outlots. <br />3. Transfer of Class A Voting Membership. The share of Class A membership shall <br />run with the land and automatically be transferred to any new owner upon the sale or other transfer <br />of any Lot. <br />4. Developer/Board of Directors/Annual Assessment. A Board of Directors has been <br />established. Upon termination of Developer's control period, the Board of Directors shall control, <br />by majority vote, the management and operation of the Association. The Developer and <br />subsequently the Board upon termination of Developer's control period, in its sole and absolute <br />discretion, may fix the amount of the Annual Assessment as follows: <br />a. Both annual and special Assessments must be fixed uniformly for all Lot <br />Owners, except if two lots are combined to form one larger lot, the Assessment <br />for this newly formed lot shall be double the assessed amount for a single lot. <br />This newly formed larger lot shall have one (1) Class A voting membership. <br />b. In addition to the Annual Assessment authorized above, the Association may <br />levy special assessments for the purpose of defraying, in whole or in part, the <br />costs of any construction, repair, replacement and normal maintenance of <br />capital improvements upon the Common Areas, including fixtures and personal <br />property related thereto. <br />8 <br />