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200408683 III. RESTRICTIVE COVENANTS, RESTRICTIONS AND CONDITIONS 1. In consideration of the mutual benefits to be derived by the owners of Lots One (1) and Two (2), all in Amick Acres West Fourth Subdivision, Hall County, Nebraska and any purchaser or purchasers, their heirs, devisees, personal representatives, successors, assigns or grantees, the Declarant stipulates and agrees that all of Lots One (1) and Two (2), all in Amick Acres West Fourth Subdivision, Hall County, Nebraska, that are sold, transferred or conveyed, shall be and are subject to the following restrictive covenants, restrictions and conditions except as provided herein. All restrictive covenants, restrictions and conditions shall run with the land and are as follows: 2. The following definitions shall apply to this DECLARATION OF RESTRICTIVE COVENANTS, RESTRICTIONS AND CONDITIONS FOR TOWNHOUSE HOMEOWNERS ASSOCIATION OF AMICK ACRES WEST: a. "Association" shall mean the homeowners' association to be formed by the Owner to be known as "Townhouse Homeowners Association of Amick Acres West, Incorporated" and its successors and assigns. b. "Owner" shall mean an owner of Lots One (1) and Two (2), all in Amick Acres West Fourth Subdivision, Hall County, Nebraska or any portion or resubdivision thereof. c. "Properties" shall mean and refer to Lots One (1) and Two (2), all in Amick Acres West Fourth Subdivision, Hall County, Nebraska or any portion or subsequent resubdivision of those lots. d. "Lot" shall mean and refer to any platted lot of land upon the recorded subdivision plat of the Properties and shall include only Lots One (1) and Two (2), all in Amick Acres West Fourth Subdivision, Hall County, Nebraska together with any portion or subsequent resubdivision of those lots. 3. Every Owner of a Lot within the Properties shall be a member of the Association. Membership in the Association is a condition of ownership of any Lot within the Properties. Membership shall be appurtenant to and may not be separated from ownership of any Lot that is subject to assessment. The Association shall have one class of voting membership that shall be and include the Owner of each Lot contained in the Properties. When more than one (1) person holds an interest in any Lot contained within the Properties, all such persons shall be members of the Association but any vote for such Lot shall be exercised as they among themselves determine with no more than one (1) vote being cast with respect to any Lot. 4. Each Owner of any Lot contained within the Properties agrees to this DECLARATION OF RESTRICTIVE COVENANTS, RESTRICTIONS AND CONDITIONS FOR TOWNHOUSE HOMEOWNERS ASSOCIATION OF AMICK ACRES WEST by acceptance of any conveyance of Lots One (1) and Two (2), all in Amick Acres West Fourth Subdivision, Hall County, Nebraska, or any portion thereof, including subsequent lots created by a subsequent resubdivision of these current lots whether or not it is so expressed in any such conveyance.