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84--" 005507
<br />DFCL ARATION
<br />OF
<br />THE YANCEY, A CONDOMINIUM
<br />THAT, WHEREAS, Deveo Investment Corporation, a Nebraska corporation
<br />( "Declarant ") , whose address is 4616 Pierce Drive, P.O. Box 4595, Lincoln,
<br />Nebraska 63604,s the owner of the real property situated in the County of
<br />Hall, State of Nebraska, more particularly described on Exhibit "A ", attached
<br />hereto and incorporated herein by this reference together with any and- an
<br />rights, title and interest Declarant may now have or may,. acquire in the
<br />future with respect to that certain vault space noted on Exhibit "B ", (page,1
<br />�� h � 11 ht title a :.. e - t - Dec avant -.
<br />of 1J'J and together with any a11L all 1'1gd3LSU, Q aks.i llL 6rGaL la. r " "maj:.
<br />now have or may acquire in the future with respect to that certain "Open
<br />Space Easement" described in Exhibit "A ", (Page 1 of 2) of this Declarations
<br />( "Property "); and
<br />WHEREAS, Declarant desires to establish by this Declaration a plan for
<br />the ownership in fee simple of real property estates consisting of the area or
<br />space contained in each of the Units in the Building located on the Property
<br />and the co- ownership by the individun; and separate owners thereof, as
<br />tenants in common, of all of the rrm�_,ing Pror^rty which is hereinafter
<br />defined and referred to as the Coa:m, dements.
<br />NOW, THEREFORE, Declarant does hereby publish and declare that the
<br />Property and improvements now or hereafter constructed or renovated and all
<br />improvements, additions, and refinements made pursuant to the renovation of
<br />the Property_ and located thereon are hereby submitted and dedicated to
<br />condominium use and ownership as set forth herein in accordance with the
<br />provisions in the Nebraska Uniform Condominium Act, NEB. REV. STAT.
<br />3576 -825 to 76 -894 and the following terms, covenants, conditions, easements,
<br />restrictions, uses, limitations, and obligations shall be deemed to run with the
<br />land, and shall be a burden and a benefit to Declarant, its successors and
<br />assigns, and every person acquiring or owning an interest in the Property
<br />and improvements, their grantees, successors, heirs, personal representa-
<br />tives. executors. administrators, devisees and assigns.
<br />1. Definitions.
<br />The terms used herein shall have the meaning stated in the Nebraska
<br />Uniform Condominium Act, unless otherwise defined or unless the context
<br />otherwise requires. Some of these definitions are as follows:
<br />(A) "Affiliate." Affiliate of a Declarant means any person who controls,
<br />is controlled by, or is under common control with a Declarant. A person
<br />controls a Declarant if the person (1) is a general partner, officer, director
<br />or employer of the Declarant, Oil directly or indirectly or acting in concert
<br />with one or more other persons, or through one or more subsidiaries, owns.
<br />controls, holds with power to vote, or holds proxies representing, more than
<br />twenty percent (20 %) of the voting interest in the Declarant, (iii) controls in
<br />any manner the election of a majority of the directors of the Declarant, or
<br />(iv) has contributed more than twenty percent (20 %) of the capital of the
<br />a
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