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200502514
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Last modified
10/17/2011 3:36:07 AM
Creation date
10/28/2005 10:16:00 AM
Metadata
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DEEDS
Inst Number
200502514
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200502514 <br />10. Miscellaneous. <br />10.1 Notices. All notices, statements, demands, approvals or other <br />communications given pursuant to this Declaration will be in writing and will be <br />delivered in person, by certified or registered mail, postage prepaid, or by recognized <br />courier service to the Owners of the Properties affected at the addresses on file with the <br />office of the Hall County Assessor for delivery of ad valorem tax statements relating to <br />their respective Properties. All such notices which are mailed shall be deemed <br />delivered on the third day after postmark unless delivered sooner. <br />10.2 Waiver of Default. No waiver of any default by any Owner will be <br />implied from the failure by any other Owner to take any action in respect to such <br />default. No express waiver of any default will affect any default or extend any period <br />of time for performance other than as specified in such express waiver. One or more <br />waivers of any default in the performance of any provision of this Declaration will not <br />be deemed a waiver of any subsequent default in the performance of the same provision <br />or any other provision. The consent to or approval of any act or request by any Owner <br />will not be deemed to waive or render unnecessary the consent to or approval of any <br />subsequent similar act or request. The rights and remedies provided by this Declaration <br />are cumulative and no right or remedy will be exclusive of any other, or of any other <br />right or remedy at law or in equity which any Owner might otherwise have by virtue of <br />a default under this Declaration; and the exercise of any right or remedy by any Owner <br />will not impair such Owner's standing to exercise any other right or remedy. <br />10.3 No Partnership. Nothing contained in this Declaration and no action by <br />the Owner of a Property will be deemed or construed by any Owner or by any third <br />person to create the relationship of principal and agent, or a partnership, or a joint <br />venture, or any association between or among any of the Owners of any of the <br />Properties. <br />10.4 Severability. If any provision of this Declaration is, to any extent, <br />declared by a court of competent jurisdiction to be invalid or unenforceable, the <br />remainder of this Declaration (or the application of such provision to persons or <br />circumstances other than those in respect of which the determination of invalidity or <br />unenforceability was made) will not be affected thereby and each provision of this <br />Declaration will be valid and enforceable to the fullest extent permitted by law. <br />10.5 Governing Law. This Declaration will be construed in accordance with <br />the laws of the State of Nebraska. <br />10.6 Captions. The captions of the paragraphs of this Declaration are for <br />convenience only and are not intended to affect or limit the interpretation or <br />construction of the provisions herein contained. <br />T <br />
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