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<br />200709536
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<br />units shall not be separated, severed, partitioned, or separately conveyed, encumbered or otherwise transferred,
<br />and each such undivided interest in the common elements shall conclusively be deemed transferred or
<br />encumbered with the unit to which it is appurtenant even though the description in the instrument of
<br />conveyance or encumbrance may refer only to the unit. The provision of Nebraska Law relating to partition of
<br />real property shall not be available to any owner of a unit or of any other interest in real property included in the
<br />condominium as against any other owner or owners or units or of any other interest in the condominium as to
<br />terminate the condominium status created by the recording of this Declaration; provided, however, nothing
<br />contained in this Declaration shall be construed as a limitation on partition by joint owners of one or more units
<br />as to individual ownership of such unit without terminating the condominium status, or as to the ownership of
<br />such unit and real property outside the limits of the condominium status. Nothing contained in this section shall
<br />be construed to preclude an owner of a unit from creating a co-tenancy in the ownership of a unit with any other
<br />person or persons.
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<br />ARTICLE III.
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<br />EASEMENTS
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<br />3.0 Utility Easement. There is hereby created an easement upon, across, over and under the common
<br />elements for reasonable ingress, egress, installation, replacing, repairing or maintaining of all utilities,
<br />including, but not limited to water, sewer, telephone, cable television, natural gas and electricity. By virtue of
<br />this easement, it shall be expressly permissible for the providing utility company to erect and maintain the
<br />necessary equipment on the common elements. Notwithstanding anything to the contrary contained in this
<br />section, no sewers, electrical lines, water lines, or other utility or service lines may be installed or relocated on
<br />the common elements except as initially designed, approved and constructed by the Declarant or as approved by
<br />the Association. This easement shall in no way affect any other recorded easements on the common elements.
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<br />3.1 Easements for Encroachments. Each unit and the common elements shall be subject to an easement
<br />for encroachments, including, without limitation, encroachments of walls, ceilings, ledges, floors, and roofs
<br />created by construction, settling and overhangs as originally designed and constructed or as exists as
<br />discrepancies between the attached map and diagram and the actual construction. If any portion of the common
<br />elements shall actually encroach upon any unit, or if any unit shall actually encroach upon any portion of the
<br />common elements, or if any unit shall actually encroach upon another unit, as the common elements and the
<br />units are shown on the attached map and diagram, a valid easement for any of the said encroachments and for
<br />the maintenance thereof, so long as they stand, shall and does exist. In the event that any units or structure is
<br />repaired or altered, the owners of the units agree that similar encroachments shall be permitted and that a valid
<br />easement for such encroachment and for the maintenance thereof shall exist. The owner and any other parties
<br />acquiring an interest in the condominium shall agree to the existence of such easements by accepting a deed or
<br />otherwise becoming the owner of a unit.
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<br />3.2 Easement to Facilitate Exercise of Special Declarant Rights. The Declarant has an easement
<br />through the common elements as may be reasonable necessary for the purpose of discharging the Declarant's
<br />obligations or exercising special Declarant rights, whether reserved in this Declaration or arising under the
<br />Condominium Act.
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<br />3.3 Easement for Ingress and Egress. There is hereby created easements for ingress and egress for
<br />pedestrian traffic over, through and across sidewalks, paths, walks and lanes that from time to time may exist
<br />upon the common elements. There is also created an easement for ingress and egress for pedestrian and
<br />vehicular traffic over, through and across such driveways and parking areas as from time to time may be paved
<br />and intended for such purposes; provided, however, that such easements shall not extend to any limited
<br />common elements. Such easements shall run in favor of and be for the benefit of the owners and occupants of
<br />the units and their guests, families, tenants and invitees.
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