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20031596.
<br />(12) Condominium documents shall mean this Declaration, Articles of Incorporation of the Association,
<br />By -laws adopted by the Association, and Rules and Regulations adopted pursuant to the By -laws, and
<br />shall include any exhibits, amendments or modifications thereto.
<br />(13) To record shall mean to record in accordance with the provisions of applicable recording statutes.
<br />(14) All pronouns used herein shall include the male, female and neuter genders and include the singular
<br />and plural numbers, as the case may be.
<br />4. _General Description of Building, and Identification of Units The primary Condominium building is
<br />multi- storied above and below ground. Such building is anticipated to contain ten Units: eight, consisting of residential
<br />apartments; one, offices; and, one an auditorium/theater with an office- apartment. Attached hereto as exhibit A is
<br />description of the Units including the private areas and common and limited common elements. All is subject to
<br />amendment. Each Unit is alphabetically identified uniquely.
<br />A. Plans. Attached to this Declaration are plans for Old Walnut prepared by the Declarant's architects,
<br />Design Associates, Exhibit `B" is a site plan, general scheme of the project showing external common
<br />elements; Exhibit "C" is a plan graphically defming the Units, the interior common elements, and, the
<br />interior limited common elements. The exhibits are incorporated herein by this reference.
<br />B. Unit Boundaries. Each unit shall include that part of the Property containing the Unit that lies within
<br />the boundaries of the Unit, which boundaries are as follows:
<br />(1) Upper and Lower Boundaries: The upper and lower boundaries of the Unit shall be the
<br />following boundaries extended to an intersection with the vertical boundaries: the lower
<br />surface of the concrete deck between floors excluding any drop or acoustic ceilings in the old
<br />section or the undecorated uppermost ceiling and the upper surface of the floor excluding
<br />carpeting and floor covering.
<br />(2) Vertical Boundaries: The vertical boundaries of the Unit shall be the vertical planes of the
<br />undecorated interior of the walls bounding the Unit extended to intersections with each other
<br />and with the upper and lower boundaries.
<br />C. Easements. In addition to the easements as provided by the Nebraska Condominium Act, easements
<br />of record and elsewhere provided herein and in the exhibits attached hereto, the Association and each
<br />Unit Owner shall have the following non - exclusive easements which will run with the land:
<br />(1) Utility easements. Utility easements to the Property as may be required for utility
<br />installation, maintenance, service and repair in order to adequately serve the Units, common
<br />elements and limited common elements.
<br />(2) Ingress and egress easements. Easements for ingress and egress, including all exits,
<br />passageways to exits, and any combination thereof which may be required by codes,
<br />ordinances and/or authorities having jurisdiction over requirements for the life and safety of
<br />the occupants of the structure in the Units located therein. Such exits and passageways shall
<br />be common elements.
<br />(3) Maintenance easements. Easements for service, alteration and maintenance, throughout the
<br />Property.
<br />(4) Encroachment easements. If a Unit shall encroach upon any common element or limited
<br />common element, or upon any other Unit, or by reason of original construction or by the non-
<br />purposeful or non - negligent act ofthe Unit Owner and/or Declarant; or any common element
<br />or limited common element shall encroach upon any Unit or upon any other common element
<br />or limited common element, then an easement appurtenant to such encroaching Unit,
<br />common element or limited common element, to the extent of such encroachment, shall exist
<br />so long as such encroachment shall exist.
<br />(5) Lateral and subjacent support Each Unit, common element and limited common element
<br />shall have an easement for lateral and subjacent support for every other Unit, common
<br />element, and limited common element.
<br />(6) Prior to the completion of the renovation or remodeling of the Property, Declarant has the
<br />right to grant or reserve any other easements and rights of way within the Property owned by
<br />Declarant, which may be required to facilitate sharing of access, service and utilities within
<br />the Property.
<br />5. Developer of the Propertv. Declarant shall develop the Property and will make substantial renovation
<br />and improvements to the Property as shown in Exhibits `B" and "C ", subject to the following provisions:
<br />A. Alteration of Plans. Declarant reserves the right to change the interior design and arrangement of all
<br />Units, and to alter the boundaries between Units, so long as the Declarant owns the Units so altered.
<br />No change shall increase the number of Units nor alter the boundaries ofthe common elements, except
<br />between Units, without amendment of this Declaration as described herein. If Declarant shall make
<br />any changes in Units, such changes shall be reflected by an amendment to the Declaration as discussed
<br />in subsection (b) below and by revision of the description of the units and schedule of allocated
<br />interest (Exhibit "A ").
<br />B. Amendment to the Declaration. An amendment to the Declaration shall be accomplished according
<br />to the Nebraska Condominium Act by vote or agreement of 67% of the Unit Owners at the time of the
<br />amendment.
<br />C. Reserved Right to Declarant: Declarant reserves special rights in this Declaration. Without restricting
<br />or limited the special rights of the Declarant as otherwise stated in the Declaration, the Declarant
<br />reserves and/or creates the following special rights:
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