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<br />. <br /> <br />RE-RECORDED <br />200600814 <br /> <br />200600669 <br /> <br />1) Enforcement. The' Association or any Suite Owner may enforce the <br />restrictions, conditions, covenants and reservations imposed by the <br />provisions of any Documents by proceedings at law or in equity, against any <br />Person or against the Association violating or attempting to violate any of <br />the terms of the Documents, either to recover damages for such violation, <br />including reasonable attorneys' fees incurred in enforcing this Declaration or <br />the Documents, or to restrain such violation or attempted violation or to <br />modify or remove structures fully or partially completed in violation thereof, <br />or both. Failure of the Association or of any Suite Owner to enforce any <br />covenant or restriction contained in the Documents shall in no event be <br />deemed a waiver of the right to do so thereafter. The Association shall not be <br />liable to reimburse any Suite Owner for attorneys' fees or costs incurred in <br />any suit brought by a Suite Owner against anyone other than the Association <br />to enforce or attempt to enforce this Declaration or other Documents. <br /> <br />2) Term of Declaration. This Declaration shall run with the land, shall be <br />binding upon all Persons owning Suites and any Persons hereafter acquiring <br />said Suites, and shall be in effect in perpetuity unless amended or terminated <br />as provided in the Act. <br /> <br />3) Amendment of Declaration. Except as otherwise provided in the Act and this <br />Declaration, any provision, covenant, condition, restriction or equitable <br />servitude contained in this Declaration may be amended or repealed at any <br />time and from time to time upon Approval of the amendment or repeal by <br />all Members of the Association present in person or by proxy at a duty <br />constituted meeting of the Members. The Approval of any such amendment <br />or repeal shall be evidenced by the certification by the Board of Directors of <br />the Association of the vote of Members. The amendment or repeal shall be <br />effective upon the recordation in the office of the Register of Deeds of Hall <br />County, Nebraska, of a certificate, executed by the President or a Vice <br />President and the Secretary or an Assistant Secretary of the Association <br />setting forth the amendment or repeal in full and certifying that the <br />amendment or repeal has been Approved by the Members and certified by <br />the Board of Directors as set forth above. <br /> <br />4) Taxes. Each Suite Owner shall be solely responsible for payment of real <br />property, personal property, sales and use taxes regarding the Suite Owners <br />Suite. Real and personal property taxes against the common elements, if <br />any, shall be allocated to the Suite Owners in the same manner as common <br />area expenses. <br /> <br />16 <br />