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200315961 (1) to complete the improvements indicated on the plats and plans filed with the Declaration, if any; (2) to add real estate to the condominium, until the first unit is transferred from Declarant, but in such event, Declarant shall reallocate interests as appropriate; (3) Declarant may use any Unit owned or leased by the Declarant as a model, sales office or management offices plus place signs advertising the condominium; and (4) the Declarant may until the first Unit is transferred from the Declarant withdraw real estate from the Condominium. Transfer of the special Declarant rights shall be according to the Nebraska Condominium Act. 6. The Units ownership, and responsibilities Ownership of the Units and the rights and responsibilities ofthe Unit Owners shall be pursuant to the Condominium documents and shall be subject to the following provisions: A. Condominium Unit. Each Unit, which may be held in fee, or any other estate and property recognized by law, shall include the following appurtenances: (1) An undivided interest in the general common elements; (2) An undivided interest in the general common elements associated with such Unit; (3) An exclusive easement for the use of the air space occupied by the Unit as it exists at any particular time and as the Unit may lawfully be altered or reconstructed from time to time. (4) The right to use, occupy and enjoy the common elements and limited common elements, subject to the provisions of the Condominium Documents; (5) The easements described in paragraph 4 ( c ) above. (6) Membership in the Association. (7) An undivided interest in any leasehold real estate, if any, subject to such lease and this Declaration. B. Identification of Units. All Units are located on the first and second and third levels of the structure. Plans showing the location, size and designation of the Units are attached hereto as Exhibit "C ". C. Liability for Common Elements Expenses Each Unit Owner shall be liable for a proportionate share of the expenses of the general common element Property, in accordance with the allocated interest as shown in Exhibit "A ". D. Liability for Limited Common Element Expenses Each Unit Owner shall be liable for a proportionate share of expenses for each limited common element associated with his Unit in proportion to the benefit conferred upon the Unit by such limited common element. When the limited common element benefits two or more Units equally then the allocation shall be the proportion that the allocated interest of the benefitted Unit bears to the sum of the allocated interests for all Units benefitted by the limited common element. The parking lot west of the building is a limited common element benefitting all Units except Unit A the Auditorium. 7. Maintenance, Alteration and Improvements Responsibility for the maintenance of the Property, and restrictions upon the alteration and improvements thereon, shall be pursuant to the Condominium Documents and the following provisions: A. Unit. It shall be the responsibility and expense of the owner or owners of record of Unit to: (1) Maintain, repair and replace, when necessary, at his/her expense, all portions of his/her Unit within the boundaries as defined in paragraph 4(b) and Exhibit "C" hereof including, but not limited to, all mechanical and electrical appliances, equipment, devices located therein. (2) Promptly report to the Association any defect or repair regardless of responsibility for such defect or repair. (3) Maintain and repair his/her property without distributing or impairing the rights or property of others. B. General Common Elements. The maintenance, repairs and alterations of the common elements shall be the responsibility of the Association, at its expense. C. Limited Common Elements. The maintenance, repairs and alterations ofthe limited common elements shall be the responsibility ofthe Association, and shall be at the expense ofthe Unit Owners benefitted by such limited common elements. D. Alterations and Improvements by Unit Owners.. Except as otherwise reserved to the Declarant, no Unit Owner shall make any alterations to a Unit which alters the appearance of the exterior of the structure or any common element or limited common element therein without approval of the Executive Board. Except as authorized by the rules and regulations, no Unit Owner shall make any structural additions, removal or alterations to a Unit; or alter or remove or extend any mechanical or electrical services servicing a Unit; or permit the use of any mechanical or electrical device, equipment or attachment, or take any other such action that would effect, impair, disturb or damage the property of any Unit Owner or other Unit Owner's rights to the use and enjoyment of his/her property; or alter, damage or impair any property owned and/or maintained by the Association. Except as authorized by the rules and regulations, no proposed additions, removals or alterations, by a Unit Owner of his/her Unit, shall be commenced without obtaining written approval of the Executive Board, or its agent. A request for such approval shall be accompanied by a copy of plans and specifications for the proposed work prepared by an architect or engineer licensed to practice in the State of Nebraska and such approval when granted, shall be subject to the assumption by the Unit Owner of all responsibility for any damage to the property or persons. The Unit Owner shall be responsible for and shall pay any and all expenses associated with changes to the Condominium Documents required by the Nebraska 0APersonal\FRED \Walnut \0ld Walnut Condo \C - Declaration- OldWalnut.wpd