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<br />" , <br /> <br />200707729 <br /> <br />(d) Each Lot Owncr shall construct and install a public sidewalk parallel to each street <br />which abuts thc portion of the Lot or Lots owned by said Lot Owner. <br /> <br />(e) The construction of any fences shall not be commenced unless and until written <br />approval of the type and material of the fence is approved by the Committee, No chain link fencing <br />shall be allowed. <br /> <br />(f) No Lot may be utilized or maintained or used as a dumping ground for rubbish, <br />including but not limitcd to lcaf and grass clippings. All waste, garbage and trash must be kept in <br />sanitary containers in an enclosed area and removed from such lot on a weekly basis. All Lots shall <br />be kept frce of debris and weeds and shall be kept mowed. All garbage or trash containers shall be <br />within fenced areas at an appropriate location. <br /> <br />(g) Each Lot Owner shall provide for the installation of an underground sprinkler system <br />prior to any seeding or sodding of such Lot. <br /> <br />(h) Each Lot Owner shall provide for the seeding or sodding of such Lot within 120 days of <br />occupancy of the building. <br /> <br />(i) No noxious or offensive activity shall be conducted or pemlitted upon any lot nor any <br />activity which is or may be an annoyance or nuisance to adjoining Lot Owners or which endangers <br />thc health or unreasonably disturbs the quiet of the occupants of the adjoining Lots. <br /> <br />(j) No recreational vehicle shall be parked on the streets and recreational vehicles shall not <br />be or parked upon any Lot f(}r more than twenty-four (24) hours, except that this prohibition shall <br />not apply to any Lot upon which a motel or hotel is constructed. <br /> <br />(k) An ambulatory surgery center shall not be constructed, erected, or moved onto the <br />Property. The construction of a medical office building on the Properiy can include a minor <br />procedure room, which is defined for this purpose as a surgical suite that is not State licensed or <br />Medicare Certified and does not qualify to receive a facility fee reimbursement from patient surgery <br />performed in the suite and does not have an anesthetic provider assisting with the surgery in the <br />surgical suite. This paragraph docs not apply to a medical office building used exclusively by an <br />oral surgeon or dentist who performs surgical procedures typically perf(mned in an oral surgeon's <br />office. <br /> <br />7. Termination / Modification. The Covenants may be terminated or modified in writing <br />by the owners of three-fifths (3/5ths) of the Lots and of the Adjacent Property on a one Lot one vote <br />basis. HOWEVER, termination or modification of the general restrictive covenant set f()rth in <br />paragraph 7 (k) shall also require the written consent of the owner of the Grand Island Surgery <br />Center located on Lot Nine (9) Richmond Subdivision in the City of Grand Island, Hall County, <br />Nebraska. <br /> <br />8. Duration. The Covenants shall be of perpetual duration and shall run with the land, <br />unless and until the Covenants are tenninated or amended as provided in the preceding parab'Taph. <br /> <br />9. Severability. The invalidation of anyone of the covenants or restrictions set forth <br />herein shall not affect the validity of the remaining covenants, all of which shall remain in full force <br />and effect. <br /> <br />10. Waiver. No waiver of a breach of any of the covenants, conditions or restrictions <br />herein contained shall be constructed to be a waiver of any other breach of the same or other <br />covenants, conditions or restrictions, nor shall failure to enforce anyone of such restrictions be <br />construed as a waiver of any other restriction or condition. <br />