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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 />Upon the conveyance of all or any part of a Parcel, the grantee, by accepting such <br />conveyance will thereby become a new party to and be bound by this Declaration and will be <br />deemed to have assumed and agreed to perform each of the obligations of the conveying <br />Owner under this Declaration with respect to the Parcel or portion thereof conveyed to such <br />grantee. Upon recordation of such conveyance with the Register of Deeds of Hall County, <br />Nebraska, the conveying Owner will be released from any obligation under this Declaration <br />arising thereafter with respect to the portion of the Parcel so conveyed, but will remain <br />responsible for any and all liability which has accrued prior to such recordation. <br />14. No Dedication. Nothing contained in this Declaration will be deemed to constitute a <br />gift, grant or dedication of any portion of a Parcel to the general public or for any public <br />purpose whatsoever, it being the intention of the Declarant that this Declaration will be strictly <br />limited, in accordance with the terms hereof, to the private use of the Permittees of each Parcel <br />to whom easements have been granted in this Declaration. Except as otherwise specifically <br />provided herein, this Declaration is intended to benefit the Owners and their respective <br />successors, assigns, mortgagees and beneficiaries under deeds of trust, and is not intended to <br />constitute any person or entity which are not Permittees of Parcels to whom easements or other <br />rights have been granted in this Declaration a third party beneficiary hereunder or to give any <br />such person or entity any rights hereunder. <br />15. Duration; Amendment; Termination. Unless otherwise modified, terminated or <br />extended as permitted in this Section 15 or in this Declaration, the easements, rights, <br />obligations, covenants and restrictions contained in this Declaration shall continue for a period <br />of sixty -five (65) years ( "Primary Period ") from the date hereof. Notwithstanding the <br />foregoing, upon the expiration of the Primary Period, the term of this Declaration shall <br />automatically renew for successive periods of ten (10) years each (each such period being <br />referred to as an "Extension Period ") unless, at least ninety (90) days prior to the date of <br />expiration of the Primary Period or Extension Period then in effect, ninety percent (90 %) of <br />the Parcel Owners execute a written instrument of termination, in which event, the Declaration <br />shall automatically expire at the end of the Primary Period or Extension Period then in effect. <br />Except as otherwise specifically provided in this Declaration, this Declaration and any <br />provision herein contained may be terminated, extended, modified or amended as to the <br />Shopping Center or any Parcel, only with (a) the express written consent of all the Owners of <br />the Parcel thereby materially adversely affected, and (b) the Declarant. No amendment, <br />modification, extension or termination of this Declaration will be effective against any <br />mortgagee or beneficiary under a deed of trust subsequent to such mortgagee's or beneficiary's <br />acquiring title to a portion or all of a Parcel by foreclosure or deed in lieu of foreclosure, <br />unless such mortgagee or beneficiary has so consented in writing. No tenant, subtenant, <br />licensee or other person having a possessory interest in a Parcel is required to join in the <br />execution of or consent to any action of the Owners taken pursuant to this Declaration. <br />15 <br />
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