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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 />16.5 No Termination. No breach of this Declaration will entitle any Owner to <br />cancel, rescind or otherwise terminate this Declaration. The foregoing limitation will not <br />affect, in any manner, any other right or remedy which any Owner might have by reason of <br />any breach of this Declaration. <br />17. Miscellaneous. <br />17.1 Approvals. Except for the consent or approval required of the Declarant in any <br />portion of this Declaration which may be withheld in its sole discretion, when approval by any <br />Owner is required hereunder, such approval will not be unreasonably withheld or delayed. <br />Unless provision is made for a specific period of time, the period of time in which approval <br />will be granted will be thirty (30) days, and if an Owner neither approves nor disapproves a <br />proposed action within that period, the Owner will be deemed to have given approval. If an <br />Owner disapproves of any action proposed by another Owner hereunder, such disapproval <br />shall set forth in writing the specific reasons for such disapproval. <br />17.2 Notices. All notices, statements, demands, approvals and other communications <br />given pursuant to this Declaration will be in writing and will be delivered in person, by <br />certified or registered mail, postage prepaid, or by recognized courier service to the Owners at <br />the addresses on file with the office of the Hall County Assessor for delivery of ad valorem tax <br />statements relating to their respective Parcels. All such notices which are mailed shall be <br />deemed delivered on the third day after postmark unless delivered sooner. Until changed by <br />written notice from the Declarant, notices to the Declarant pursuant to this Declaration will be <br />in writing and will be delivered in person, by certified or registered mail, postage prepaid, or <br />by recognized courier service to the Declarant at the following address: Allen Phase III LLC, <br />c/o Robert M. Allen, Manager, 1115 West 2 °d Street, P.O. Box 987, Hastings, NE <br />68902 -0987. <br />17.3 Waiver of Default. No waiver of any default by any Owner will be implied <br />from the failure by any other Owner to take any action in respect of such default. No express <br />waiver of any default will affect any default or extend any period of time for performance <br />other than as specified in such express waiver. One or more waivers of any default in the <br />performance of any provision of this Declaration will not be deemed a waiver of any <br />subsequent default in the performance of the same provision or any other provision. The <br />consent to or approval of any act or request by any Owner will not be deemed to waive or <br />render unnecessary the consent to or approval of any subsequent similar act or request. The <br />rights and remedies provided by this Declaration are cumulative and no right or remedy will be <br />exclusive of any other, or of any other right or remedy at law or in equity which any Owner <br />might otherwise have by virtue of a default under this Declaration; and the exercise of any <br />right or remedy by any Owner will not impair such Owner's standing to exercise any other <br />right or remedy. <br />17 <br />
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