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. " 200801692 e~umbered with the unit to which it is appurtenant even though the description in the instrument of conveyance or encumbrance may refer only to the unit. The provision of Nebraska Law relating to partition of real property shall not be available to any owner of a unit or of any other interest in real property included in the condominium as against any other owner or owners or units or of any other interest in the condominium as to terminate the condominium status created by the recording of this Declaration; provided, however, nothing contained in this Declaration shall be construed as a limitation on partition by joint owners of one or more units as to individual ownership of such unit without terminating the condominium status, or as to the ownership of such unit and real property outside the limits of the condominium status. Nothing contained in this section shall be construed to preclude an owner of a unit from creating a co-tenancy in the ownership of a unit with any other person or persons. ARTICLE III. EASEMENTS 3.0 Utility Easement. There is hereby created an easement upon, across, over and under the common elements for reasonable ingress, egress, installation, replacing, repairing or maintaining of all utilities, including, but not limited to water, sewer, telephone, cable television, natural gas and electricity. By virtue of this easement, it shall be expressly permissible for the providing utility company to erect and maintain the necessary equipment on the common elements. Notwithstanding anything to the contrary contained in this section, no sewers, electrical lines, water lines, or other utility or service lines may be installed or relocated on the common elements except as initially designed, approved and constructed by the Declarant or as approved by the Association. This easement shall in no way affect any other recorded easements on the common elements. 3.1 Easements for Encroachments. Each unit and the common elements shall be subject to an easement for encroachments, including, without limitation, encroachments of walls, ceilings, ledges, floors, and roofs created by construction, settling and overhangs as originally designed and constructed or as exists as discrepancies between the attached map and diagram and the actual construction. If any portion of the common elements shall actually encroach upon any unit, or if any unit shall actually encroach upon any portion of the common elements, or if any unit shall actually encroach upon another unit, as the common elements and the units are shown on the attached map and diagram, a valid easement for any of the said encroachments and for the maintenance thereof, so long as they stand, shall and does exist. In the event that any units or structure is repaired or altered, the owners of the units agree that similar encroachments shall be permitted and that a valid easement for such encroachment and for the maintenance thereof shall exist. The owner and any other parties acquiring an interest in the condominium shall agree to the existence of such easements by accepting a deed or otherwise becoming the owner of a unit. 3.2 Easement to Facilitate Exercise of Special Declarant Rights. The Declarant has an easement through the common elements as may be reasonable necessary for the purpose of discharging the Declarant's obligations or exercising special Declarant rights, whether reserved in this Declaration or arising under the Condominium Act. 3.3 Easement for Ingress and Egress. There is hereby created easements for ingress and egress for pedestrian traffic over, through and across sidewalks, paths, walks and lanes that from time to time may exist upon the common elements. There is also created an easement for ingress and egress for pedestrian and vehicular traffic over, through and across such driveways and parking areas as from time to time may be paved and intended for such purposes; provided, however, that such easements shall not extend to any limited common elements. Such easements shall run in favor of and be for the benefit ofthe owners and occupants of the units and their guests, families, tenants and invitees. - 4-