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200506629
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200506629
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Last modified
10/17/2011 9:29:17 AM
Creation date
10/28/2005 11:26:48 AM
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DEEDS
Inst Number
200506629
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200506629 <br />and across said 45' Drainage Easement and into the Detention Basin as described in <br />Section 5(d) of the ECR. If from necessity, the Owner of Lot 5 has to install storm water <br />pipes or drainage lines underneath areas already paved on Outlot B, then the Owner of <br />Lot 5 shall restore the paving to its original or better condition promptly after the <br />installation and shall not unreasonably interfere with the operation and service of the <br />Driveway. <br />5. Reasonable Use of Easements. The easements herein above granted shall be used <br />and enjoyed by Lot 5 and the Owners and Permittees of Lot 5 in such a manner so as not <br />to unreasonably interfere with, obstruct or delay the conduct and operations of the <br />Driveway upon Outlot B or the business or operations upon Lot 6, or otherwise. <br />6. Remedies and Enforcement. In the event of a breach or threatened breach by any <br />Owner or its Permittees of any of the terms, covenants, easements or conditions hereof, <br />the other Owner(s) shall be entitled forthwith to full and adequate relief by injunction <br />and/or all such other available legal and equitable remedies from the consequences of <br />breach, including payment of any amounts due and/or specific performance. Any claim <br />for reimbursement, including interest at the rate of the prime rate charged by Wells Fargo <br />Bank (its successors or assigns) plus two percent (2 %) (not to exceed the maximum rate <br />of interest allowed by law), and all costs and expenses including reasonable attorneys' <br />fees awarded to any Owner in enforcing any payment or specific performance in any suit <br />or proceeding under this Declaration shall be assessed against the defaulting Owner in <br />favor of the prevailing party and shall constitute a lien (the "Assessment Lien ") against <br />the Lot of the defaulting Owner until paid, effective upon recording of a notice of lien <br />with respect thereto in the Office of the Register of Deeds for Hall County, Nebraska; <br />provided, however, that any such lien shall be subject and subordinate to: (i) liens for <br />taxes and other public charges which by applicable law are expressly made superior, (ii) <br />all liens recorded in the Office of the Register of Deeds for Hall County, Nebraska <br />constituting a first deed of trust or mortgage on a Lot, and (iii) all leases entered into, <br />whether or not recorded, prior to the date of the recordation of said notice of lien. All <br />liens recorded subsequent to the recordation of the notice of lien described herein shall be <br />junior and subordinate to the Assessment Lien. Upon the timely curing by the defaulting <br />Owner of any default for which a notice of lien was recorded, the party recording same <br />shall record an appropriate release of such notice of lien and the Assessment Lien. <br />7. Remedies Cumulative. The remedies specified herein shall be cumulative and in <br />addition to all other remedies permitted at law or in equity. <br />S. No Termination for Breach. Notwithstanding the foregoing to the contrary, no <br />breach hereunder shall entitle any Owner to cancel, rescind, or otherwise terminate this <br />Declaration. No breach hereunder shall defeat or render invalid the lien of any mortgage <br />or deed of trust upon any Lot made in good faith for value, but the easements, covenants <br />and conditions hereof shall be binding upon and effective against any Owner of such Lot <br />covered hereby whose title thereto is acquired by foreclosure, trustee's sale or otherwise. <br />
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