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200606199 improvements of Lots; to secure and maintain proper set-back from streets and adequate free spaces between structures; and in general, to provide adequately for a high type and quality of improvement in said real estate, the Association is hereby granted architectural and landscape control over the entire Subdivision as provided in this Article V. Any replacement of trees or shrubs in the Common Areas shall be referred to the Association for disposition by its architectural and landscape control powers. 2. Notwithstanding anything to the contrary, so long as Developer owns any Lot or Lots, Developer shall either: a) enforce the Declaration, assess and collect assessments as provided herein, detennine and approve design, and landscaping for the Subdivision, or b) in its discretion fonn an Association as a Nebraska nonprofit corporation and delegate part or all of such duties to the Association as provided herein. Unless an Association has previously been fonned by Developer and such duties have previously been assigned by Developer to the Association, at such time as Developer no longer owns any Lot or Lots, the Owners of the Lots shall fonn the Association for the purpose of enforcing this Declaration. Each Owner shall be entitled to one vote for each Lot owned. ill the event more than one person or entity is the Owner of any Lot, all of such persons-entities shall be members and the vote for such Lot shall be exercised among themselves, as they may detennine, but in no event shall more than one vote be cast with respect to any such Lot. 3. Developer shall initially review plans as set forth herein and assure compliance with the Declaration. Thereafter, the Association shall assume responsibility for approval of plans through its appointment of members to the Architectural Review Committee. 4. No improvement or other structure shall be commenced, erected, or maintained upon any lot nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the color, nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to preserve the harmony of external design in relation to surrounding structures and topography by the Association. 5. The plans submitted for approval to the Association shall include a plat showing the location of all proposed walks, driveways, buildings and proposed private patio or garden areas. Any private patio or garden area approved by the Association shall be cared for, kept and maintained exclusively by the persons occupying the Lot to which the same is appurtenant and the Association shall have neither the right nor the duty to maintain or care for the same. 6. The plans submitted to the Association must be in such reasonable form as the Association may require. 7. The Association shall act through its Board of Directors. The Board of Directors shall 5