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200401071
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Last modified
10/16/2011 12:02:29 PM
Creation date
10/20/2005 11:18:08 PM
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DEEDS
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200401071
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20040/071 <br />Exhibit "D" (plat and plan) as it pertains to Units Five (5) and Six (6), <br />Lot Three (3), Indianhead Fourth Subdivision to the City of Grand Island, <br />Hall County, Nebraska. The boundaries are the unfinished surface of the <br />outer most interior walls, fireplace openings, if any, up to the flue in <br />the closed position, the unfinished service of the ceiling immediately <br />below the roof as indicated for each separate unit upon the attached <br />Exhibits "A" "B" "C" and "D" and the extension of those surfaces <br />where the unit includes unenclosed space. <br />ARTICLE V. COMMON ELEMENTS <br />The common elements are all portions of the condominium other than <br />the units. The limited common elements, other than those shown on <br />Exhibits "A ", "B ", "C ", and "D" are: <br />(a) If any chute, flue, duct, wire, conduit, bearing <br />wall, bearing column or any other fixture lies <br />partially within and partially outside the <br />boundaries of a unit, any portion serving only that <br />unit is a limited common element allocated to that <br />unit, and any portion serving more than one unit or <br />any portion of the common element is a part of the <br />common elements. <br />(b) Any shutters, awnings, window boxes, doorsteps, stoops, <br />porches, balconies, patios and all exterior doors and <br />windows or other fixtures designed to serve a single <br />unit, but located outside that unit's boundaries, are <br />limited common elements allocated to that unit. <br />ARTICLE VI. SPECIAL DECLARANT RIGHTS AND DEVELOPMENT RIGHTS <br />Declarant shall reserve and have the following development rights: <br />(a) Declarant shall control the Association and may appoint <br />and remove the officers and members of the Executive <br />Board of Directors until the earlier of: <br />(1) Sixty (60) days after conveyance of ninety <br />percent (90 %) of the units which may be <br />created to unit owners other than the <br />Declarant; or <br />(2) Two (2) years after Declarant has ceased to <br />offer units for sale in the ordinary course <br />of business. <br />Not later than sixty (60) days after conveyance of fifty <br />percent (50 %) of the units which may be created to unit <br />owners other than the Declarant, at least one (1) member <br />and not less than twenty five percent (25 %) of the <br />members of the Executive Board of Directors shall be <br />elected exclusively by unit owners other than the <br />Declarant. Not later than sixty (60) days after <br />conveyance of seventy -five percent (75 %) of the units <br />which may be created to unit owners other than the <br />Declarant, not less than thirty three and one third <br />percent (33 1/3 %) of the members of the Executive Board <br />of Directors shall be elected exclusively by unit owners <br />other than the Declarant. <br />Not later than the termination of the period of the <br />Declarant's control, the unit owners shall elect an <br />Executive Board of at least three (3) members, at least <br />the majority of whom must be unit owners. The Executive <br />Board shall elect the officers. The Executive Board <br />members and officers shall take office upon election. <br />E <br />
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