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<br />200708774
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<br />ARTICLE VII
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<br />ANNEXATION AND WITHDRAWAL
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<br />Annexation and Withdrawal. Additional real property may be added or annexed to the Property, or the
<br />Property may be added or annexed to adjoining real property, or portions of the Property may be withdrawn from the
<br />obligations arising under this Declaration upon the approval in writing of the Owners of eighty percent (80%) of the Lots
<br />(based upon one vote for each Lot owned) entitled to vote on matters submitted to members of the Association, or by
<br />a vote of the Owners of eighty percent (80%) of the Lots (based upon one vote for each Lot owned) voting in person
<br />or by proxy at a regular meeting of the Association or at a meeting duly called for such purpose. Notwithstanding the
<br />foregoing, for so long as Declarant owns one or more Lots, no such addition, annexation or withdrawal will be effective
<br />without Declarant's prior written consent to the same. Further, notwithstanding any provision of this Declaration to the
<br />contrary, at any time that Declarant owns one or more Lots, Declarant shall have the right, in Declarant's sole
<br />discretion and without obtaining the approval of the other Owners, to add or annex additional real property to the
<br />Property, to add or annex the Property to adjoining real property, or to withdraw any portions of the Property owned by
<br />Declarant from the obligations arising under this Declaration. In the event that additional real property may be
<br />added or annexed to the Property, or the Property may be added or annexed to adjoining real property pursuant to the
<br />provisions hereof, Declarant shall have the unilateral right, in Declarant's discretion, to subject any such added or
<br />annexed property owned by Declarant to additional or different covenants, conditions and/or restrictions.
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<br />ARTICLEVIII
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<br />MISCELLANEOUS
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<br />Section 1. Protection of Mortgagees. No violation, breach, failure to comply, or action to enforce (hereinafter
<br />"violation ") any provision of this Declaration shall affect, defeat, render invalid or impair the lien of any Mortgage taken
<br />in good faith for value and perfected by recording in the real property records of Hall County, Nebraska, prior to the
<br />recording of an instrument giving notice of such violation, breach or failure to comply. Further, no such violation shall
<br />affect, defeat, render invalid or impair the title or interest of any purchaser upon foreclosure of any such Mortgage or
<br />delivery of a deed in lieu thereof. Any such purchaser upon foreclosure shall take title subject to this Declaration;
<br />provided, violations of this Declaration which occurred prior to the vesting of fee simple title in such purchaser shall
<br />not be deemed violations with respect to such purchaser, his heirs, personal representatives, successors or assigns.
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<br />Section 2. Captions. The captions and headings in this Declaration are for convenience only, and shall not
<br />be considered in construing any provision of this Declaration.
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<br />Section 3. No Waiver. Failure to enforce any provision of this Declaration shall not operate as a waiver of
<br />any such provision or any other provision of this Declaration.
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<br />Section 4. Interpretation. In the event of any conflict between this Declaration and the Bylaws or Articles,
<br />this Declaration shall govern and control.
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<br />Section 5. Deleted.
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<br />Section 6. Compliance with Laws. All Owners shall comply with, in addition to the covenants, conditions
<br />and restrictions contained in this Declaration, all applicable laws, statutes, ordinances, rules and regulations of the City
<br />of Grand Island and other applicable governmental authorities (collectively, the "Laws"). To the extent that this
<br />Declaration governs matters not addressed by the Laws or is more restrictive than the Laws, the terms of this
<br />Declaration shall govern and control.
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<br />Section 7. Restrictions on Subordinate Covenants, Maps and PUDs. Without Declarant's prior written
<br />consent, for so long as Declarant owns any Lots, (a) no junior or subordinate covenants, conditions and/or restrictions
<br />shall be recorded against all or any portion of the Property; and (b) no planned unit development, map, plat or re-
<br />subdivision may be filed of record against all or any portion of the Property. In the event that any covenants,
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