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<br />200708774
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<br />(ft) No Subdivision of Lots. No Lot shall be subdivided, except for the purpose of combining portions
<br />with an adjoining Lot, provided that no additional building site is created thereby. Not less than one entire Lot, as
<br />conveyed, shall be used as a building site.
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<br />Section 6. Easements. Each Lot shall be subject to easements for encroachments created by construction,
<br />settling and overhangs, and for utilities and utility services, as designated or constructed by Declarant and for
<br />maintenance of the same. Further, Declarant hereby reserves an easement for the purpose of access and drainage, and
<br />for the installation, replacement, repair and maintenance of utilities, including but not limited to water, sewer, gas,
<br />telephone, electricity, and master television antenna or cable television systems, if any, upon, across, over and under all
<br />portions of the Property now or hereafter subject to any easement or right- of-way in favor of any utility provider or any
<br />governmental authority; provided, however, Declarant shall have no obligation for the maintenance or operation of
<br />the surface or subsurface of any such portions of the Property. Without limiting the generality of the foregoing
<br />sentences, each Lot shall be subject to all of the easements described and shown on the Plat. "Encroachments," as
<br />referred to herein, shall include, but are not limited to, encroachments caused by error in the original construction of
<br />any improvement, or by settling, rising, or shifting of the earth. To make reasonable repairs or improvements to a
<br />Lot or the improvements located thereon, it may be necessary to have access through another Lot. All Owners hereby
<br />grant to all other Owners an easement for such purpose; provided that such easements shall only be utilized where and
<br />to the extent necessary, and in a reasonable manner and at reasonable times. If any damage occurs to a Lot or the
<br />improvements thereon through the exercise of the rights granted in this Section, such damage shall immediately be
<br />repaired by the Owner causing such damage. The easements and rights herein created for the Owners shall be
<br />appurtenant to the Lots. All instruments affecting title to a Lot shall be deemed to grant and reserve the easements and
<br />rights as are provided for herein, even though no specific reference to such easement appears in any such instrument.
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<br />Section 7. Enforcement of Covenants. Each Owner and all occupants of any Lot shall comply with the
<br />provisions of this Declaration. Failure to comply with any of the same shall be grounds for an action to recover sums
<br />due for damages, injunctive relief, specific perfonnance, or any or all of such remedies, and for reimbursement of all
<br />attorneys' fees incurred in connection therewith. Such action shall be maintainable by Declarant or any aggrieved Owner
<br />or Owners. Further, upon any breach or violation of any of the provisions or requirements of this Declaration by any
<br />Owner, the Association or Declarant may enter upon the Lot on which or as to which such breach or violation exists,
<br />and may summarily abate, remove and/or modity, as applicable, at the expense of the defaulting Owner, any thing or
<br />condition that may breach or violate the provisions or requirements of this Declaration. In the event of any such action
<br />by the Association or Declarant, the breaching or defaulting Owner shall pay all costs and expenses incurred by the
<br />Association and/or Declarant in remedying or eliminating the item that violated the provisions or requirements of this
<br />Declaration, including the litigation costs and attorneys' fees, if any, incurred in connection with such breach or
<br />violation and/or the remediation of the same. II; as a result of inspections or otherwise, the ACC fmds that a
<br />noncompliance to the Declaration exists, the ACC shall notity the Owner in writing of the noncompliance; which
<br />notice shall specify the particulars of the noncompliance and shall require the Owner to take such action as may be
<br />necessary to remedy the noncompliance. The Owner shall remedy or remove any such noncompliance within a
<br />period of not more than thirty days from the date of notification by the ACC.
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<br />Section 8. Right of Entry. Any agent or officer of the Association may enter upon and inspect any Lot and
<br />the exterior Improvements located upon any Lot to detennine if they are in compliance with the provisions of this
<br />Declaration, provided a member of the Association has properly notified the Owner at least 24 hours prior to entry.
<br />Neither the Association nor any officer thereof shall be deemed guilty of any manner of trespass for such entry or
<br />inspection.
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<br />Section 9. Declarant's Lien Rieht. If Declarant expends any funds or incurs any fees and/or costs to remedy
<br />any Owner's breach or violation of the provisions or requirements of this Declaration, such sums shall be due and
<br />payable within ten days after Declarant provides the breaching or defaulting Owner with written notice of the sums so
<br />expended or incurred. Any amount not paid within such ten-day period shall bear interest from the expiration of such
<br />ten-day period until paid at an interest rate equal to five percent (5%) in excess of the prime or reference rate most
<br />recently quoted by Five Points Bank, Grand Island, or any successor to such bank, as of the expiration of such ten-
<br />day period. All amounts not paid as set forth in said notice shall constitute a lien on the Lot owned by the breaching
<br />or defaulting Owner. To evidence such lien, Declarant may prepare and record in the real property records of Hall
<br />County, Nebraska, a written notice (the "Lien Notice") setting forth the amount of the fees, costs and other expenditures
<br />incurred by Declarant, the name of the Owner who owes such sums to Declarant and a legal description of the Lot
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