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<br />r <br /> <br />. 84 - 003208 <br /> <br /> <br />Section 2, Association as Agent, The <br />hereby irrevocably appointed agent for each <br />to adjust all claims arising under insurance policies purchased <br />by the Association on the improvements on the Properties and <br />to execute and deliver releases upon paymePt of claims without <br />joinder by the Owner. All insurance proceeds shalli:leapplied <br />by the Associat:ion toward repairing the damages suffered; <br />provided that reccnstru.c-t-ion or' r-ep'ai-r shall -not-:b,Q,-' compulsory,- <br />where the damage exceeds two-thirds C2/3rds) of the value <br />of the building and improvements. In such case, should the Owner <br />so elect not to rebuild, the proceeds, .along with the <br />insurance indemnity, if any, shalL be credited to each Owner <br />in accordance with his prorata share of the loss sustained <br />by the damage or casualty for which the proceeds shall be <br />payable, and said suns shall be first applied toward satisfaction <br />of anyr-ecorded fir-st mortgage against each Lot, next toward <br />satisfaction of iunior recorded liens in order of their <br />priority, next t~ward the cost of razing the improvements <br />or- ani' remnants thereof from said premises and the filling <br />a.nd leveling of said Lot, and the "remainder shall then beps.id <br />to such Owner, In case the insurance proceeds do not equal <br />the cost ot r-epairs, the excess cost shall be considered a <br />maintenance expense to be assessed and collected by the <br />Association from the Owners of the damaged improvements; <br />In cases of over-insurance, any excess proceeds of insurance <br />re.ceiyed. shall be credited to r:he Working Fund for the- A8SCc-i:.ation-. <br /> <br />Section :1. Additional Insurance, Each Lot Owner may <br />obtain additional insurance, at his expense, for his own benefit. <br /> <br />,ARTICLE IX <br /> <br />The Association.. its employees and ag-ents ~ shall have <br />the right co go on any Lot for the pur-poses of performing <br />maintenance and repair, making inspe.ctlons and performing <br />i.,ts duties bereu.nder anu it>: he-reby granted a sp-e-cific eas'e.- <br />ruerit for such pUX-pO~e. <br /> <br />.ANNEXATION <br /> <br />Se-t;t~Gn 1,. Addit:i...:)n~t ~,Jnt..) within the <'ire a currently <br />descrr&-ea'.!is-'~l:rk Gar:dens Subdivisi.on to the City of Grand <br />Island, Hall County, Nebraska, may be annexed bv the Declarant <br />without the consent of members within ten (10) years of the <br />dat:c of t.his i.nstrumen,t <br /> <br />Sect' on ~ :'."V sue'1 annexation "hall he accomplished <br />bv th;;-1%irarJi~t'~"fiii~g of r:ecord a Declaration of Annexation <br />which shall: <br /> <br />(A) $pecliical1y desu:ibe t.hereal estate to be covered <br />thereby, <br /> <br />(3) Set forth which nrQvisions of this inltial <br />Declaration shall also appl.y with full :force and e:ffect to the <br />ilnnexed real estate. <br /> <br />(C) IncluJ-e such other items not in conflict with this <br />Article ill! Declarant may dee.m advisable, <br /> <br />(D) .Be exe,cuted Dee larant a.nd f tled or record in the <br />Office 015 the Register Deeds of Hall COUll::::; ,":ebraska in the <br />llama ~nner as the Declaration, <br />