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record a supplemental declaration declaring itself as a succeeding Declarant hereunder <br />provided. <br />11. "Dwelling" shall mean any building or portion of a building situated upon a lot <br />designed and intended for use and occupancy as a residence by a single family. <br />12. "Lot" shall mean any one of the lots in the Real Estate. <br />13. "Member" shall mean an Owner of a Lot in the Real Estate. <br />14. "Bellam 's Subdivision Homeowners Association Rules and Regulations" <br />shall mean the rules adopted by the Board pursuant to Articles II and III. <br />15. "Owner" shall mean the record owner, whether one or more persons or <br />entities, of a fee simple title to any Lot. Owner may include a person or persons or entities <br />under a recorded contract if the record owner executed a release and transfer of his or her <br />voting rights to the contract purchaser. Anyone having an interest merely as security for <br />the performance of an obligation are not owners. <br />ARTICLE II <br />COVENANTS RESTRICTIONS AND CONDITIONS <br />In consideration of the mutual benefits to be derived bythe owners of Bellamy's First <br />Subdivision and any purchaser or purchasers, their heirs, devisees, personal <br />representatives and assigns, the Declarants stipulate and agree that any and all of the Lots <br />in the Real Estate, as surveyed and platted, and more particularly described as recorded <br />in the Office of the Register of Deeds of Hall County, Nebraska, that are sold, transferred, <br />and conveyed, shall be, and are subject to the following protective covenants, restrictions, <br />and conditions. All covenants, restrictions, and conditions shall run with the land and are <br />as follows: <br />1. Lots Affected• Use of Lots. All Lots in the above - described Real Estate shall <br />be known and described as residential Lots. No apartment house shall be built on any <br />residential lot, and no basement house shall be built on any residential lot. No building or <br />dwelling house shall be moved into said subdivision and placed upon a Lot. No pre -fab, <br />modular, or mobile home shall be placed on a Lot. No trailer, tent, garage, shack, or other <br />unsightly out - building shall be used in said Subdivision as a dwelling at any time, nor shall <br />any structure of a temporary character be used as a residence. No barns, chicken houses, <br />3 <br />