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200606199 5. "Common Area" shall mean all real property which shall be conveyed by Developer to the Association upon formation of the Association as provided herein and shall be held for the common use and enjoyment of the Owners. The common area is: Outlot A and Outlot B. 6. "hnprovements" shall mean and include a residential building, appurtenant structures, drives, walks, fences, walls, landscape plantings, lawns, outdoor lighting and any structures or construction of any type or kind located above ground. 7. "Lot" shall mean Lots One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), and Ten (10) in the Subdivision, but excluding both Outlot A and Outlot B. 8. "Subdivision Agreement" shall mean collectively the Subdivision Agreement for Via Milano Subdivision filed with the Hall County Register of Deeds on March 7, 2005 as document number 0200501913 and the Amendment to Subdivision Agreement for Via Milano Subdivision filed with the Hall County Register of Deeds on August 23,2005 as document number 0200508269. 9. "Development Plan" shall mean the Development Plan attached to the Subdivision Agreement fled as document number 0200501913. 10. "Private garden area and patio area" shall mean the area within a Lot and the area permitted for patio extension within the adjacent portion of Outlot A. ARTICLE II GENERAL STATEMENT 1. From and after the date of the filing of this document of record in the office of the Register of Deeds of Hall County, Nebraska, each Lot shall be subject to the provisions of this Declaration. Each ofthe provisions of this Declaration are declared to be covenants which inure to and run with the land. Each of the grantees of each Lot, by accepting said Lot, shall be deemed to for himself or herself, his or her heirs and personal representatives, to accept and agree to each of the provisions ofthis Declaration. The provisions ofthis Declaration shall be fully binding upon each Lot and upon every person or other legal entity which has any right, claim, or interest in or to any part of the Real Estate. 2. Unless amended in writing by 2/3 ofthe then record Owners of all Lots, this Declaration shall continue in full force and effect until December 31, 2015, at which time it shall automatically be extended for successive periods often (10) years each, unless during such extended period this Declaration is amended by written agreement of2/3 of the then Owners of the Lots. Any amendment of this Declaration shall be consistent with the Subdivision Agreement and Development Plan. 3. If anyone provision of this Declaration shall be declared invalid or inoperative by the judgment of any court, that provision shall be deemed to be severed from this Declaration and all other provisions shall remain in full force and effect. 2