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<br />200708774
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<br />expressly provided herein or in the Bylaws of the Association. The Bylaws of the Association shall govern
<br />procedures and requirements for notice of meetings, number and terms of directors, quorums, voting and other matters
<br />of internal regulation. The Association may adopt rules and regulations in the manner and to the extent authorized by
<br />its Bylaws.
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<br />Section 2. Votes. Each member shall be entitled to one (1) vote for each Lot owned on every matter to
<br />come before the membership.
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<br />Section 3. Board of Directors; Declarant Control Period. The affairs of the Association shall be managed
<br />by a Board of Directors in accordance with the provisions of this Declaration and the Articles of Incorporation and
<br />Bylaws ofthe Association. Notwithstanding any contrary provision contained in this Declaration or in said Articles
<br />of Incorporation or Bylaws, Declarant shall be entitled to appoint, remove and replace, in its sole discretion, all of the
<br />members of the Board of Directors of the Association from the date the Association is created until 60 days after the
<br />date when 80% of the Lots (including without limitation any Lots that may hereafter be added to the Property pursuant
<br />to Article VII below) have been conveyed by Declarant to the initial third-party purchasers thereof (said period of time is
<br />referred to as the "Declarant Control Period"). Declarant, however, may elect, in its sole discretion, to relinquish in
<br />whole or in part the right to appoint and remove the members of the Board of Directors of the Association pursuant to
<br />an instrument executed by Declarant and recorded in the real property records of Hall County, Nebraska, evidencing
<br />such election. If Declarant makes such election, it may require, for the duration of the Declarant Control Period, that
<br />specified actions of the Association or the Board of Directors, as described in the previously referenced recorded
<br />instrument, must be approved by Declarant before they become effective. Upon expiration of the Declarant Control
<br />Period, or on such earlier date as Declarant may elect to relinquish its right to appoint and remove the members of the
<br />Board of Directors ofthe Association in accordance with this Section, the members of the Board of Directors shall be
<br />elected by a vote ofthe Owners.
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<br />ARTICLE III
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<br />GENERAL RESPONSIBILTIES AND RESTRICTIONS
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<br />Section I. Architectural ControL No Improvement shall be installed, erected, or maintained upon any
<br />portion of the Property, nor shall any exterior addition, change, painting or alteration of any Improvement be made
<br />which materially alters its exterior appearance, until the plans and specifications showing the nature, kind, shape,
<br />height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of
<br />external design and location in relation to surrounding structures and topography by the Board of Directors of the
<br />Association or, at the election of the Board of Directors, by an architectural committee composed of three (3) or more
<br />Owners appointed by the Board (the Board, if it acts in such capacity, or such committee, is herein referred to as the
<br />"Architectural Control Committee" or "ACC"). Notwithstanding the foregoing, however, until the expiration of the
<br />Declarant Control Period, or until such earlier date as Declarant may elect to relinquish said power pursuant to an
<br />instrument executed by Declarant and recorded in the real property records of Hall County, Nebraska, the members of
<br />the ACC shall be appointed and may be removed and replaced by Declarant, in its sole discretion. In addition to
<br />ACC approval, each Owner will be responsible for obtaining all necessary building permits from the requisite
<br />governmental authorities prior to the construction of any improvements. Provided that the ACC has actually received
<br />plans and specifications from an Owner, in the event that the ACC or its designated representative fails to approve or
<br />disapprove such plans and specifications thirty (30) days following such receipt, approval will not be required provided
<br />that the submitting Owner constructs the Improvement in accordance with such plans and specifications.
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<br />Section 2. Decision of Committee. The decision of the ACC to approve or disapprove any proposed
<br />Improvements, or any proposed addition, change, decoration or alteration of any Improvements, shall be made within
<br />30 days after the date that it receives all materials required by it, unless such time period is extended by agreement with
<br />the applicant. The decision of the ACC shall be transmitted to the applicant at the address furnished by the applicant.
<br />If the Committee fails to approve or disapprove any proposed Improvements, or any proposed addition, change,
<br />decoration or alteration of any Improvements, within 30 days after the ACC has received all materials required by it, the
<br />plans and specifications so submitted shall be deemed to have been approved.
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<br />Section 3. No Liability for Committee Action. There shall be no liability imposed on the ACC, any member
<br />of the ACC, the Association, any member of the Board of Directors or Declarant for any loss, damage, injury, cost or
<br />expense arising out of or in any way connected with the performance of the duties of the ACC, without a 2/3 majority
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