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<br />DECLARATION OF RESTRICTIVE COVENANT
<br />THIS DECLARATION OF RESTRICTIV COyENANT (the "Covenant") is
<br />made and entered into this /"/- day of (`,I , 2026, by and
<br />between William P. Ziller and Julie Ziller, husband and wife ("Zillers"), and J & B
<br />Rentals, LLC, a Nebraska limited liability company ("J&B") collectively referred to as
<br />"Sellers" and Grand Island Area Habitat for Humanity, Inc., a Nebraska Nonprofit
<br />Corporation ("Buyer").
<br />RECITALS:
<br />WHEREAS, Zillers own the property legally described as Lots Four (4) and Five
<br />(5) in Norwood Subdivision in Grand Island, Hall County, Nebraska, Excepting the
<br />Easterly Seventy -Five (75) Feet with street address of 1611 N. St. Paul Road, Grand
<br />Island, Nebraska ("Zillers' Property"); and
<br />WHEREAS, J&B owns the property legally described as Lots Three (3) and Two
<br />(2), EXCEPT the Northerly Eighty -Five (85) Feet thereof, Norwood Subdivision, in the
<br />City of Grand Island, Hall County, Nebraska, EXCEPT the Easterly Seventy- Five (75)
<br />Feet with street address of 1621 N. St. Paul Road, Grand Island, Nebraska ("J&B
<br />Property"); and
<br />WHEREAS, Sellers and Buyer desire to impose the Declaration of Restrictive
<br />Covenant (the "Covenant") upon Zillers' Property and J&B Property and Buyer consents
<br />to the restrictive covenant.
<br />NOW, THEREFORE, IT IS AGREED by and between the parties as follows:
<br />1. Subject to the terms of any Subdivision Agreement with the City of Grand
<br />Island, no owner of Zillers' Property or J&B Property, nor any successor, assign, heir,
<br />personal representative, trustee, tenant or person claiming by, through, or under any
<br />owner shall:
<br />a. Petition for, request, consent to, vote in favor of, or otherwise
<br />support the creation or formation of any special assessment district,
<br />including but not limited to sanitary, paving, water, storm sewer,
<br />street or other utility, collectively the "Improvements" upon
<br />Zillers' Property;
<br />b. Consent to a levy of any special assessment or special tax for the
<br />construction, extension, repair maintenance or installation of any
<br />Improvements upon Zillers' Property; or
<br />c. Take any action the purpose or effect of which would subject
<br />Zillers' Property to assessments arising from any such district.
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