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<br />200705493 <br /> <br />Any special assessment for capital improvements to the Commons (defined as any <br />improvement costing more than fifty percent of the prior year's budget for maintenance of the <br />commons) shall be approved by the atfmnative vote of two-thirds of the members entitled to vote at <br />a regular meeting of the members or at a special meeting of the members, if notice of a special <br />assessment is contained in the notice of special meeting. Members entitled to vote may vote in <br />person or by proxy. <br /> <br />Annual and special assessments shall be uniform as to each lot within the Properties. Each <br />assessment shall be the personal obligation of the member who is, or was, the titleholder of the lot <br />assessed at the time of the assessment, shall be subject to a late charge fee as determined from time to <br />time by the Board of Directors and shall bear interest at the rate of 14 percent per annum <br />commencing 30 days from the date of assessment until paid. When shown of record, assessments <br />shall be a lien upon the lot assessed. <br /> <br />17. LIEN OF ASSESSMENTS: The lien of any annual or special assessment shall, until <br />shown of record, be subordinate to the lien of any mortgage placed upon the lot against which the <br />assessment is levied. <br /> <br />18. AMENDMENTS: Tbese Restrictive Covenants shall run with the land and shall be <br />binding upon and enforceable by the undersigned and all persons claiming under the undersigned. <br />These Restrictive Covenants may be terminated or modified, in writing, by the owners of two-thirds <br />of the lots within the Properties, at any time. <br /> <br />19. ENFORCEMENT: The enforcement of these Restrictive Covenants may be by <br />proceedings at law or in equity against any person violating or attempting to violate any provision <br />hereof The proceedings may be to restrain the violation, or to recover damages and, by the <br />Corporation, may be to enforce any lien or obligation created hereby. <br /> <br />20. SEVERABILITY: The invalidation of any one of these Restrictive Covenants shall <br />not affect the validity of the remaining provisions hereof <br /> <br />Dated:~, 2007. <br /> <br />O. RIVERSIDE ACRES HOMEOWNERS <br />ASSOCIATION, INC., a Nebraska Corporation <br /> <br />By ~~ft-~ <br /> <br />K v' . Brostrom, Secretary <br /> <br />STATE OF NEBRASKA ) <br />)ss: <br />COUNTY OF HALL ) <br /> <br />The foregoing instrument was acknowledged before me on ~~ "d1 ,2007, by <br /> <br />5 <br />