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<br />200708774
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<br />Section 16. Garages and Carports. Garage and carport plans and specifications must be approved in writing by
<br />the ACC prior to commencement of construction.
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<br />Section 17. Solar Heating Units. No solar heating units, panels or similar or related items shall be installed on
<br />the home or Lot without the prior written approval of the ACC.
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<br />Section 18. Fireplaces. No roof shall have an exposed stack higher than 12 inches above the crest or peak of
<br />the roof Any stack or chimney shall be of a color, style and construction to complement the home as determined by the
<br />ACe.
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<br />ARTICLE V
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<br />GENERAL PROVISIONS
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<br />Section 1. Enforcement. Any Owner and/or Declarant shall have the right to enforce by any proceeding at
<br />law or in equity all restrictions, conditions, covenants, servitudes, reservations, or charges now or hereafter imposed by the
<br />provisions of this Declaration. Failure by any Owner and/or Declarant to enforce any provision herein contained shall in
<br />no event be deemed a waiver of the right to do so thereafter.
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<br />Section 2. Severability. Whenever possible, each provision of this Declaration shall be interpreted so as to
<br />be effective and valid under Nebraska law. If any provision of this Declaration is, for any reason and to any extent,
<br />invalid or unenforceable, then neither the remainder of this Declaration, nor the application of such provision to other
<br />persons or in other circumstances, shall be affected by such invalidity or unenforceability.
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<br />Section 3. Termination and Amendment. The covenants, conditions and restrictions of this Declaration
<br />shall run with the land and be binding upon all Owners for a term of five (5) years from the date this Declaration is
<br />recorded, after which time they shall be automatically extended for successive periods of ten (10) years; provided,
<br />however, that the Declarant may amend, modifY or terminate this Declaration at any time during the first five (5) years
<br />from the date the Declaration is recorded. However, the Declarant may not amend or modifY Article BI. Section 5(a)
<br />requiring homes to be built by Bonnevilla Homesil>, a Division ofChiefIndustries, Inc., or its successors or assigns. The
<br />covenant, conditions and restrictions set forth in Article Ill. Section 5(a) requiring only Bonnevillail> modular homes
<br />may only be amended by written agreement of Declarant and Chief Industries, Inc., or upon termination of
<br />Declarant's Agreement for Prepaid Rebates with Chief Industries, Inc. dated the 2" day of September, 2005. If any
<br />other amendment, modification or termination is approved by a vote of not less than 80% of the Owners of the lots
<br />is reached, an appropriate agreement in writing specifying such amendment, modification or termination shall be
<br />executed and acknowledged by the President or Vice President of the Association. An original of the amendment,
<br />modification or termination as executed by the Owners or the President or Vice President of the Association shall be
<br />recorded in the real property records of Hall County, Nebraska. Notwithstanding the foregoing, for so long as
<br />Declarant owns one or more Lots, no amendment, modification or termination of this Declaration will be effective
<br />without Declarant's prior written consent to the same.
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<br />Section 4. Registration by Owner of Mailing Address. Each Owner shall register his mailing address with the
<br />Association, and all notices, statements or demands intended to be served upon an Owner shall be deemed delivered
<br />when deposited in the United States mail, postage prepaid, addressed in the name of the Owner to such registered
<br />mailing address. If an Owner fails to register a different address, such Owner's registered address shall be deemed to be
<br />the address of the property owned by such Owner that is subject to this Declaration.
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<br />Section 5. Binding Effect. This Declaration shall run with the land, be binding upon and inure to the benefit of
<br />all Owners and other persons or entities having any right, title or interest in and to the Property, their heirs, personal
<br />representatives, successors and assigns.
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<br />Section 6. Enforcement Costs. If any person subject to this Declaration fails to comply with any provisions of
<br />this Declaration or of the Articles of Incorporation or Bylaws of the Association, or with any requirement of the ACC, any
<br />person or class of persons adversely affected by the failure to comply may require reimbursement from such non-complying
<br />person of all costs, including without limitation reasonable attorneys' fees, incurred as a result of such failure to comply
<br />or in connection with any proceeding to enforce compliance. The foregoing shall apply even if no legal proceedings are
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