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W HER EAS, the Declaration of The Yancey Condominium dated <br />October 16, 1984 and recorded October 17, 1984 under <br />Document No. 84- 005507 in the Regiscer of Deed's Office <br />for Hall County, Nebraska, as amended. ( "Declaration "), <br />is incorporated herein by this reference and is recorded <br />on the real estate described in Exhibit "A" attached <br />hereto; and <br />WHEREAS, the basement, first and second floors of <br />The Yancey are intended to be used for commercial rather <br />than residential purposes; and <br />WHEREAS, until such time as occupancy of commercial <br />space required public access. a practice was inplamented <br />of restricting public access to the elevators by keeping <br />the main entrance lobby doors locked at all times; and <br />since public access to the commercial floors <br />during normal business hours is necessary for the <br />operation of the businesses located thereon and it is <br />hereby agreed that preventing public access by elevator <br />during daytime business hours would discriminate against <br />such coomercial businesses; <br />17 18 HEREBY RESOLVED. that the elevator lobby and the <br />elevator will be available to public access during usual <br />daytime business hours so long as any of the basement, <br />first and second floors are used for, or available for <br />use for, coemercial or business purposes. <br />IT 19 FURTHER RESOLVER, that the elevator lobby will <br />continue to be locked and shall be equipped with a <br />tenant-activated lobby door release to restrict evening <br />a" night time access to the elevators as stated in the <br />Private Placement Memorandum dated August 29, 1984 for <br />the 57 residential Condominium Units of The Yancey. <br />r IT IS FURTHER RESOLVED, that admittance through the mein <br />entrance lobby door into the elevator lobby, when locked <br />during such evening and night time hours, shall not be <br />accomplished by the use of a numerical code except as <br />may be provided by the Association's Rules and <br />Regulations or by specific pes- .scion from the board or <br />Managing Agent of the Association. <br />I <br />9 <br />