200506629 - Laserfiche WebLink

Browse

9. Term. The easements, covenants and conditions2 O Oin d in sis Declaration shall be effective commencing on the date of recordation of this Declaration in the Office of the Register of Deeds for Hall County, Nebraska and shall remain in full force and effect thereafter in perpetuity, unless this Declaration is modified, amended, canceled or terminated by written consent of all then record Owners of Lot 5, Lot 6 and Outlot B and their mortgagees. 10. No Waiver. No waiver of any default of any obligation by any party hereto shall be implied from any omission by the other party to take any action with respect to such default. 11. No Aged. Nothing in this Declaration shall be deemed or construed by either party or by any third person to create the relationship of principal and agent or of limited or general partners or joint ventures or of any other association between the parties. 12. Covenants Run with Land. It is intended that each of the easements, covenants and conditions, rights and obligations set forth herein shall run with the land and create equitable servitudes in favor of the real property benefited thereby, shall bind every person having any fee, leasehold or other interest therein and shall inure to the benefit of the respective parties and their successors, assigns, heirs, and personal representatives. 13. Grantee's Acce tance. The grantee of any Lot or any portion thereof, by acceptance of a deed conveying title thereto or the execution of a contract for the purchase thereof, whether from an original party or from a subsequent owner of such Lot, shall accept such deed or contract upon and subject to each and all of the easements, covenants, conditions, rights and obligations contained herein. By such acceptance, any such grantee shall for himself and his successors, assigns, heirs, and personal representatives, covenant, consent, and agree to and with the other parties, to keep, observe, comply with, and perform the obligations and agreements set forth herein with respect to the property so acquired by such grantee. 14. Severability. Each provision of this Declaration and the application thereof to the Lots are hereby declared to be independent of and severable from the remainder of this Declaration. If any provision contained herein shall be held to be invalid or to be unenforceable or not to run with the land, such holding shall not affect the validity and enforceability of the remainder of this Declaration. Ownership of all of the Lots by the same person or entity shall not terminate this Declaration nor in any manner affect or impair the validity and enforceability of this Declaration. 15. Time of Essence. Time is of the essence of this Declaration. 16. Entire A reement. This Declaration contains the complete understanding and agreement of the parties hereto with respect to all matters referred to herein, and all prior representations, negotiations and understandings are superseded hereby. 4