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202605786 <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be amended or repealed at any time and from time to time upon Approval of the 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 />8) Controlling Law Jurisdiction and Venue. This Declaration shall be interpreted, <br />construed and applied in accordance with the laws of the State of Nebraska. <br />Jurisdiction and venue shall be solely vested in Hall County, Nebraska. <br />IN WITNESS WHEREOF the undersigned have caused this Declaration to be <br />executed as of the day and year first above written. <br />DECLARANT <br />atherine K. Nabity <br />STATE OF NEBRASKA <br />COUNTY OF HALL <br />SUBSCRIBED, SWORN TO and ACKNOWLEDGED before me this 21 day of <br />August, 2026 by Chad M. Nabity and Katherine K. Nabity. <br />WITNESS my hand and official seal. <br />GENERAL NOTARY - state of Nebraska <br />ZACHARY J BUTZ <br />Mr Comm, Exp. Mar 16, 2029 <br />10 <br />