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DECLARATION OF RESTRICTIVE COVENANTS <br />h <br />KNOW ALL MEN BY THESE PRESENTS: <br />WHEREAS, Arlington Investments, Inc., a Nebraska Corporation ( "Arlington "), is the c7 <br />owner of the real property described as: <br />Lots 1, 2, 3, 4, 5 and 6 in Richmond Fourth Subdivision in the City of Grand Island, Hall County <br />Nebraska; and <br />WHEREAS, it is the intention of Arlington that Richmond T444 Subdivision be an <br />exclusive commercial development and, therefore, the following the restrictive covenants have <br />been set forth to further protect and provide for those investing in and building in the subdivision; <br />and <br />WHEREAS, Arlington desires to provide and maintain a uniform set of rules, regulations <br />and restrictions concerning the construction, design and use of any structures on the Property, <br />NOW THEREFORE, Arlington declares that the provisions of this Declaration of <br />Restrictive Covenants shall run with and bind the Property and shall be binding upon Arlington and <br />all persons and entities claiming an interest in any part or all of such Property. <br />1. Definitions. <br />'Pc,, r <br />(a) 'Property" as used herein shall mean the property described as Richmond Thiid <br />Subdivision, in the City of Grand Island, Hall County, Nebraska. <br />(b) "Lot(s)" as used herein shall mean all lots included in Richmond Fourth Subdivision <br />as described in preceding Paragraph 1(a) consisting of Lots 1,2,3,4,5 and 6. <br />(c) "Covenants" as used herein shall refer to this Declaration of Restrictive Covenants as <br />may be modified or amended from time to time as provided herein. <br />(d) "Owner" shall mean the record owner, whether one or more persons or entities of the <br />fee simple title to a lot, but excluding those having such interest merely as security for the <br />performance of an obligation. <br />(e) "Committee" shall mean the Architectural Review Committee. <br />2. Enforcement. So long as Arlington owns any Lot or Lots, Arlington shall enforce the <br />Covenants established upon the Property. At such time as Arlington owns no Lot or Lots, the <br />Owners of the Lots shall form an owners association as a Nebraska nonprofit corporation for the <br />purpose of enforcing the Covenants. Each Owner shall be entitled to one vote for each Lot owned. <br />In the event more than one person or entity is the Owner of any Lot, all of such persons- entities <br />shall be members and the vote for such Lot shall be exercised among themselves, as they may <br />determine, but in no event shall more than one vote be cast with respect to any such Lot. Arlington <br />shall appoint three of its members to the Committee for the purpose of reviewing plans as set <br />forth herein and compliance with the Covenants so long as Arlington is enforcing the Covenants. <br />Thereafter, the owners association shall assume responsibility for approval of plans through its <br />appointment of members to the Committee and for the enforcement of the Covenants. <br />M <br />m <br />N <br />C <br />` <br />�=ycn <br />M <br />�= <br />rn <br />o <br />7C <br />2 <br />-< c <br />a <br />0 <br />-n Z <br />m <br />O <br />M <br />3 <br />O <br />cn <br />trt <br />C <br />CAD <br />O <br />CD <br />Z <br />C <br />DECLARATION OF RESTRICTIVE COVENANTS <br />h <br />KNOW ALL MEN BY THESE PRESENTS: <br />WHEREAS, Arlington Investments, Inc., a Nebraska Corporation ( "Arlington "), is the c7 <br />owner of the real property described as: <br />Lots 1, 2, 3, 4, 5 and 6 in Richmond Fourth Subdivision in the City of Grand Island, Hall County <br />Nebraska; and <br />WHEREAS, it is the intention of Arlington that Richmond T444 Subdivision be an <br />exclusive commercial development and, therefore, the following the restrictive covenants have <br />been set forth to further protect and provide for those investing in and building in the subdivision; <br />and <br />WHEREAS, Arlington desires to provide and maintain a uniform set of rules, regulations <br />and restrictions concerning the construction, design and use of any structures on the Property, <br />NOW THEREFORE, Arlington declares that the provisions of this Declaration of <br />Restrictive Covenants shall run with and bind the Property and shall be binding upon Arlington and <br />all persons and entities claiming an interest in any part or all of such Property. <br />1. Definitions. <br />'Pc,, r <br />(a) 'Property" as used herein shall mean the property described as Richmond Thiid <br />Subdivision, in the City of Grand Island, Hall County, Nebraska. <br />(b) "Lot(s)" as used herein shall mean all lots included in Richmond Fourth Subdivision <br />as described in preceding Paragraph 1(a) consisting of Lots 1,2,3,4,5 and 6. <br />(c) "Covenants" as used herein shall refer to this Declaration of Restrictive Covenants as <br />may be modified or amended from time to time as provided herein. <br />(d) "Owner" shall mean the record owner, whether one or more persons or entities of the <br />fee simple title to a lot, but excluding those having such interest merely as security for the <br />performance of an obligation. <br />(e) "Committee" shall mean the Architectural Review Committee. <br />2. Enforcement. So long as Arlington owns any Lot or Lots, Arlington shall enforce the <br />Covenants established upon the Property. At such time as Arlington owns no Lot or Lots, the <br />Owners of the Lots shall form an owners association as a Nebraska nonprofit corporation for the <br />purpose of enforcing the Covenants. Each Owner shall be entitled to one vote for each Lot owned. <br />In the event more than one person or entity is the Owner of any Lot, all of such persons- entities <br />shall be members and the vote for such Lot shall be exercised among themselves, as they may <br />determine, but in no event shall more than one vote be cast with respect to any such Lot. Arlington <br />shall appoint three of its members to the Committee for the purpose of reviewing plans as set <br />forth herein and compliance with the Covenants so long as Arlington is enforcing the Covenants. <br />Thereafter, the owners association shall assume responsibility for approval of plans through its <br />appointment of members to the Committee and for the enforcement of the Covenants. <br />