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C3 w Co M to m rt ul CD V) ~ o M c-- Sri CNI o 200901644 SHAVED FACILITIES AGREEMENT This Shared Facilities Agreement (this Agreement) is made this a $ day of February, 2009, by WINDRIDGE T'OWNMMES, LLC, a Nebraska limited liability company ("Windridge I"), and. W1NDRIDGE TOWNHOMES 11, LLC, a Nebraska limited liability company ("Windridge If"); Windridge I and Windridge II each a "Party" and collectively, the "Parties". WHEREAS, the Parties own adjoining parcels of land, located on Windridge Avenue in Grand Island, Nebraska, as more particularly described in the exhibits attached hereto marked as Exhibit A-1 (hereinafter the "Windridge I Parcel" owned by Windridge "fownhomes, 1A,C) and Exhibit A-2 (hereinafter the "Windridge 11 Parcel" owned by Windridge Townhorrres 1,1 11C'). Collectively, the two parcels are the "Complex"; and W I l1REAS, Windridge I owns and leases 40 residential apartment buildings located on thy: Wirndridgc I Parcel; and Windridge II is constructing for lease 18 residential apartment buildings located on the Windridge II Parcel; and tenants residing in any building owned by Windridg- I or Windridge fl (or their guests, agents, and invitees) are to be known hereinafter as :'Re'sidents". and b I I : -c~ ar d jhe Windridge 11 Parcel share. N ehicular access to Windridge Avenue that can be used by Residents of the Complex:. and WHEREAS, the Windridge I Parcel and the Windridge II Parcel share the Utilities Infrastructure (as defined below), throughout the Complex as shown on four ALTA Surveys prepared by Rockwell & Associates dated April 24, 2008, August 14, 2008. October 30, 2008 a., Lecernber 15, 2008 and attached hereto as Exhibit 13 (hereinafter known as the "SurN/cN"):. and also share or will share all those utilities to be corrstruuted and shown on the Sits Plari attached hereto as Exhibit C (hereinafter known as the "Windrid~llle 11 Survey"); and said uti:tity infrastructure is or will be available for use by all Residents of'tho ('omplex; and WHEREAS. other common areas, including parking areas and sidewalks (both those: shown as built on the Survey as well as those to be built and shown on the Windridge 11 Survey) are available for use by all Residents of the Complex; and WE11?REAS, the Parties hereby desire to place of record this Agreement in order to establish, document and memorialise the various property rights required for the Complex, which casement rights shall be appurtenant to the Windridge I Parcel and the Windridge 11 Parcel, and shall be binding upon all successors and assigns thereto; NOW, T11I: REFORE, in consideration of Ten and no/100 Dollars ($10.00) ill hand paid and the mutual covenants and conditions contained herein, and of other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. and intending to be legally bound, the Parties hereby covenant and agree as follows: i