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200316111
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200316111
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Last modified
10/16/2011 10:17:47 AM
Creation date
10/28/2005 4:47:01 PM
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DEEDS
Inst Number
200316111
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200316111 <br />equal to one of the following: (i) twelve (12) spaces for every one thousand (1,000) square <br />feet of building space utilized for any restaurant use, or (ii) five (5) spaces per one thousand <br />(1,000) square feet of building space utilized for any use other than a restaurant. <br />4.9 No radio, television, satellite reception dish or any other device for the <br />reception or transmission of television, radio, microwave or any other form of electromagnetic <br />radiation shall be placed or maintained upon any Building Area or Common Areas of Lots 10 <br />through 13, inclusive, Meadowlark West Third Subdivision, and Lots 9, 13, 14 and 15, <br />Meadowlark West Fourth Subdivision without the express prior written consent of the <br />Declarant. Declarant's consent, if at all, may include and shall not be limited to, the <br />following: (i) the location shall be approved by Declarant; (ii) the telecommunication devices <br />shall be hidden, shielded or aesthetically concealed as approved by Declarant; and (iii) shall <br />conform to Declarant's reasonable requirements. <br />4.10 All areas of any of the Parcels which house refuse dumpsters or garbage <br />containers shall be completely surrounded on three (3) sides with walls which match the <br />materials and color of the main building on such Parcel with a fourth side consisting of a door <br />or gate, approved by the Declarant and designed to preclude public view. <br />4.11 Lots 12 and 13, Meadowlark West Third Subdivision may not be subdivided in <br />any manner into smaller lots without the prior written consent of the Declarant which may be <br />withheld in its sole discretion. <br />4.12 Lots 12 and 13, Meadowlark West Third Subdivision shall be utilized <br />exclusively for a bank or financial institution and ancillary uses related thereto for at least five <br />(5) years after completion of construction and the opening of business to the public of the bank <br />or financial institution; and thereafter any change in use must be approved by the Declarant in <br />its sole discretion. Provided, however, if the Owner of Lots 12 and 13 desires to utilize such <br />Lots for other than a bank or financial institution as a result of the proposed sale of Lots 12 <br />and 13, the Owner shall notify the Declarant, and the Declarant shall have a right of first <br />refusal to purchase Lots 12 and 13 upon the same terms and conditions of the proposed <br />purchase agreement. Declarant shall have thirty (30) days from receipt of the Owner's notice <br />to execute and deliver to Owner a purchase agreement containing the same terms and <br />conditions in all material respects set forth in the purchase agreement to the Owner. In the <br />event Declarant fails to execute and deliver a purchase agreement to Owner within such thirty <br />(30) days, the Owner shall be free to sell Lots 12 and 13 upon the terms specified in the <br />purchase agreement to Owner and so long as such sale and intended use does not violate any <br />then existing covenants, restrictions, exclusives or prohibited uses which Declarant has <br />identified in writing to the Owner or are of record in the Hall County, Nebraska Register of <br />Deeds Office. If the Owner fails to close the contemplated sale, Declarant's right of first <br />refusal shall remain in effect for any subsequent offers to Owner. <br />11 <br />
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