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200200566 <br />AFFIDAVIT <br />STATE OF NEBRASKA <br />COUNTY OF ADAMS <br />Anna L. Stehlik being first duly sworn deposes and says: <br />1. That I am of legal age and the statements made hereafter are of my personal <br />knowledge. <br />2. That certain Declarations dated January 11, 2000 made by Grand West, LLC, <br />a Nebraska limited liability company, and filed in the office of the Register of <br />Deeds of Hall County, Nebraska, on January 12, 2001 as Instrument number <br />200100366 establishes certain easements, restrictions, covenants and <br />conditions affecting Lots 9 -35, both inclusive, of the Grand West Subdivision <br />to the City of Grand Island, Hall County, Nebraska. <br />3. That Article VIII, Section 5 of said Declarations provides as follows: <br />"5. FHA /VA Approval. As long as Declarant is the owner of any lot, the <br />following actions will require the prior approval of the Federal Housing <br />Administration or the Veterans Administration: Annexation of additional <br />properties, an amendment of this Declaration of Covenants, conditions and <br />restrictions." <br />4. That on November 13, 2001, the owner of all property affected by said <br />Declarations adopted the First Amendment to Declaration providing that Lots <br />24 -35, both inclusive, Grand West Subdivision to the City of Grand Island, <br />Hall County, Nebraska shall no longer be subject or bound by the easements, <br />restrictions, covenants of conditions of said Declaration among other <br />modifications. <br />5. That the Department of Housing and Urban Development, Federal Housing <br />Administration has approved said First Amendment to Declaration. <br />6. That Affiant contacted the Department of Veterans Affairs requesting its <br />approval of the adoption of said First Amendment to Declaration. <br />7. That Affiant received a letter from the Department of Veterans Affairs which <br />is marked as Exhibit A and attached to and made a part of this Affidavit <br />declining to issue the requested approval since the VA no longer has authority <br />to approve or disapprove changes to the covenants and conditions for Grand <br />West, LLC. <br />Further Affiant sayeth not. <br />Anna L. St lik <br />