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<br />84 -003208 <br /> <br />r <br /> <br />of Park Gardens Second Subdivision and Declarant shall file <br />subsequent easement or easements on any additional property <br />hereafter annexed. <br /> <br />Section 5, "Lot" shall mean and refer to any platted <br />lot ot land shown upon the recorded Subdivision map of the <br />Properties, such map being recorded in the Office of the <br />Register of Deeds of Hall County, Nebraska, <br /> <br />Section 6, "Declarant" shall mean and refer to Park <br />Gardens Development, Incorporated, its successors and assigns, <br />to the extent that the original Declarant shall specifically <br />designate them as Declarant and such transfer shall comply <br />with the provisions of Article III of the By-Laws regulating <br />transfer of Declarant Membership. <br /> <br />ARTICLE II <br />PROPERTY RIGHTS <br /> <br />Section 1, Owner's Easements of EnjO~ent, Every <br />Owner shall have and there is hereby grante to all Owners a <br />right and easement of enjoyment in and to the Common Area <br />located as above-described within the Properties which <br />easement shall be appurtenant to and shall pass with. the <br />title to every Lot, subject to the right of the Association <br />to suspend the voting rights and right of use to the recreational <br />facilitie.s by an Owner for any period during which any <br />assessment against his Lot remains unpaid. The Association <br />shall have the right to dedicate or transfer any or all <br />parts of the Common Are" to any public agency, authority or <br />utility for sueb purposes and subject to such conditions as <br />may be ag~Bed to by the members; provided that fio such <br />dedication. shall be ef fective unless approved by two- thirds <br />(2.(3rds) of each class of members of the Association as <br />recorded, <br /> <br />~<:;:!J2Jl_: Q.~.~~!'lE~.tj,9!l-'?f.}Js~. Any Q\..'l1er may delegate <br />his rl-gtlt: oj: enjoyment to the Common Area and facilities to <br />the members of his f,wily, guests or tenants; provided <br />however, that said (h.,ner shall be responsible to the Association <br />for the conduct upon and us", by s8.id family, guests or <br />tenants of the Common Area, The Board of Directors of Park <br />Gardens CI'..mers Association may establish and revise from <br />tune to ti.,rne rules andregulai.:ions pertilintng to the use and <br />enjoyment of the ConUDon Area, <br /> <br />, Sec!:,ion_2-. l:'..ar,ki~&._~.,:,,~~, Ownership of each Lo~ <br />shad. entille the owner or. owners thereof co the use or not <br />more than cwo (2) automobile parking spaces, which shall be <br />as near and convenient to said Lot as reasonably possible} <br />together with the right of ingress and egress in and upon <br />said ~arking <.i.rea, The Association shall permane.ntly assign <br />two (:.:.) vehicle parking spaces to each dwelling unit, <br /> <br />ARTICLE III <br />._~~-~~~ <br /> <br />tlf;,HBERSHIP AND VOTING RlqHTS <br /> <br />Section 1 Every Owner of a Lot within the Properties <br />shall'tie a member of the Association, Me.mbership shall be <br />appurtenant to 8.nd nJay not be separated from o;.Tlership of <br />I'ny Lot which is subject to assessment, <br /> <br />L <br /> <br />Section 2, The Alisociati.on shall have two classes of <br />VOting meii!ierships. <br /> <br />(Ai "Resi.dent Members" shall be all Owners with the <br />exception of the. Declarant, and e.ach Owner shall be entitled <br />to one VOte for each Lot owned. When more than one person <br />holds.an t~te-rest i~ any_ L?t, all, s~c:h per"sons. sb~tl t)E"~ <br />members, 1-he vQte tOt' BUCH Lot: snall be: t:~xe~rcisec .as they, <br /> <br />