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200508oi tenant or occupant, and all of such provisions shall be deemed and taken to the covenants running with the land and shall bind any person having at anytime any interest or estate in such a unit, as though such provisions were recited and stipulated at length in each and every deed or conveyance or lease thereof. ARTICLE XII. ALTERATIONS AND TRANSFER OF INTERESTS The common elements appurtenant to each unit shall have a permanent character and shall not be altered without the consent of all the units affected and expressed in an amendment to this Master Deed and Declaration duly recorded. The common elements and easements shall not be separated from the unit to which they appertain and shall be deemed to be conveyed, leased or encumbered with such unit even though such interests or easements are not expressly mentioned or described in the conveyance or other instrument. ARTICLE X11. INVALIDITY The invalidity of any provision of this Master Deed and Declaration or amendments thereto shall not be deemed to impair or affect in any manner the validity, enforceability or effect of the remainder of this Master Deed and Declaration or amendments thereto and, in such event, all the other provisions of this Master Deed and Declaration shall continue in full force and effect as if such invalid provision had never been included herein. ARTICLE XIV. WAIVER No provisions contained in this Master Deed and Declaration or amendments thereto shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur. ARTICLE XV. CAPTIONS The captions herein are inserted only as a matter of convenience and for reference, and in way define, limit or describe the scope of this Master Deed and Declaration or its amendments thereto northe intent of any provision thereof. ARTICLE XVI. GENDER The use of the masculine gender in this Master Deed and Declaration or its amendments thereto shall be deemed in include the feminine and neuter genders and the use of the singular shall be deemed to include the plural, whenever the context so requires. ARTICLE XVII. REAFFIRMATION Consistent with the intent of this Master Deed and Declaration or its amendments thereto, to the extent that such intent may be ascertained by the terms of this Master Deed and Declaration or its amendments thereto, any provision contained in this Master Deed and Declaration or its amendments thereto shall be reformed to the extent necessary to create a valid and enforceable provision consistent with that intent in the event a court of competent jurisdiction shall determine any provision herein contained is void and unenforceable as drafted. DATED this L day of 2005. THAYER FAMILY, L.L.C., a Nebraska Limi ed Liability Company, BY: J ice M. Thayer, Manager