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200506707 <br />otherwise transferred, and each such undivided interest in the common elements shall <br />conclusively be deemed transferred or encumbered with the unit to which it is <br />appurtenant even though the description in the instrument of conveyance or encumbrance <br />may refer only to the unit. The provision of Nebraska law relating to partition of real <br />property shall not be available to any owner of a unit or of any other interest in real <br />property included in the condominium as against any other owner or owners or units or of <br />any other interest in the condominium as to terminate the condominium status created by <br />the recording of this Declaration; provided, however, nothing contained in this <br />Declaration shall be construed as a limitation on partition by joint owners of one or more <br />units as to individual ownership of such unit without terminating the condominium <br />status, or as to the ownership of such unit and real property outside the limits of the <br />condominium status. Nothing contained in this section shall be construed to preclude an <br />owner of a unit from creating a co- tenancy in the ownership of a unit with any other <br />person or persons. <br />ARTICLE III. <br />EASEMENTS <br />3.0 Utility Easement. There is hereby created an easement upon, across, over and <br />under the common elements for reasonable ingress, egress, installation, replacing, <br />repairing or maintaining of all utilities, including, but not limited to water, sewer, <br />telephone, cable television, natural gas and electricity. By virtue of this easement, it shall <br />be expressly permissible for the providing utility company to erect and maintain the <br />necessary equipment on the common. elements. Notwithstanding anything to the contrary <br />contained in this section, no sewers, electrical lines, water lines, or other utility or service <br />lines may be installed or relocated on the common elements except as initially designed, <br />approved and constructed by the Declarant or as approved by the Association. This <br />easement shall in no way affect any other recorded easements on the common elements. <br />3.1 Easements for Encroachments. Each unit and the common elements shall be <br />subject to an easement for encroachments, including, without limitation, encroachments <br />of walls, ceilings, ledges, floors, and roofs created by construction, settling and <br />overhangs as originally designed and constructed or as exists as discrepancies between <br />the attached map and diagram and the actual construction. If any portion of the common <br />elements shall actually encroach upon any unit, or if any unit shall actually encroach <br />upon any portion of the common elements, or if any unit shall actually encroach upon <br />another unit, as the common element-, and the units are shown on the attached neap and <br />diagram, a valid easement for any of the said encroachments and for the maintenance <br />thereof, so long as they stand, shall and does exist. In the event that any units or structure <br />is repaired or altered, the owners of the units agree that similar encroachments shall be <br />permitted and that a valid easement for such encroachment and for the maintenance <br />thereof shall exist. The owner and any other parties acquiring and interest ill the <br />condominium shall agree to the existence of such easements by accepting a deed or <br />otherwise becoming the owner of a unit. <br />-5- <br />