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200503812 <br />ARTICLE II. <br />In consideration of the mutual benefits to be derived by the owners of the HOFFMAN <br />SECOND SUBDIVISION and any purchaser or purchasers, their heirs, devisees, personal <br />representatives and assigns, the Declarant stipulates and agrees that any and all Lots in the <br />HOFFMAN SECOND SUBDIVISION, all as surveyed and platted and more particularly <br />described as recorded in the office of the Register of Deeds, Hall County, Nebraska that are sold, <br />transferred and conveyed, shall be and are subject to the following protective covenants, <br />restrictions, and conditions, unless otherwise provided for separately and differently below in this <br />Article. All covenants, restrictions, and conditions shall run with the land and are as follows: <br />1. Lots Affected; Use of Lots. <br />a. All lots in the subdivision shall be known and described as residential lots. <br />b. No commercial or business enterprise shall be conducted or operated in said <br />subdivision; however, personal offices within homes shall be permitted. <br />C. No structure shall be erected, altered, placed or permitted to remain on any <br />residential lot other one (1) dwelling with an attached, or detached garage, and one (1) <br />outbuilding which must be complimentary to the design of the house and be within the prescribed <br />set back limits. <br />d. No dwelling shall be erected for occupancy of more than one (1) family, nor shall <br />any dwelling be used for occupancy of more than one (1) family. <br />e. No residential lot or lots shall be divided or split to create smaller building areas, <br />but residential lots may be combined to create larger building lots. <br />E The Declarant, may at his discretion, designate an area containing one or more lots <br />for use as multi - family housing, townhouses, or condominiums within the subdivision, or future <br />subdivisions adjacent to the Hoffman Subdivision. <br />g. At such time that land currently owned by the Declarant, or his successors in <br />interest, shall be platted, subdivided, and developed as future phases of the Subdivision, then all <br />covenants, restrictions, and assessments contained in this agreement, and any subsequent <br />amendments hereto, shall apply to such lots of future phases of the Hoffman Subdivision(s). <br />h. Declarant's Exemption -- None of the provisions contained in Article 11 shall apply <br />to any lot(s) purchased or retained by the Declarant for personal residential use. If at such time, <br />the Declarant should sell such lot(s), then all provisions of Article 11 shall apply to such lot(s) the <br />same as any other lot within the Subdivision. <br />2. Temporary Structures, and Other Prohibitions. <br />a. No trailer, motor home, basement, tent, garage, shack, or other unsightly <br />outbuilding shall be used in the subdivision as a dwelling at any time, nor shall any structure of a <br />temporary character be used as a residence. <br />b. No building or dwelling house shall be moved into the subdivision and placed upon <br />a residential lot. <br />C. No metal storage sheds shall be permitted on any of the lots. <br />d. No fences shall be built without the prior approval of the Declarant, or the Board <br />of Directors, or its designated committee. <br />Page 4. <br />