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200901644
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Last modified
3/5/2009 3:47:42 PM
Creation date
3/5/2009 3:40:02 PM
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DEEDS
Inst Number
200901644
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<br />200901644 <br /> <br />Complex, for the benefit of each of the parcels in the Complex in accordance with the <br />Survey and Windridge II Survey. Said easement rights are intended to be appurtenant <br />to, and transferable with, each of the Windridge I Parcel and the Windridge II Parcel <br />because they are essential and necessary for the use of said parcels. <br /> <br />(g) No Rights Vested in the General Public. Nothing contained herein <br />shall ever be deemed to create any rights for the benefit of the general public, or to <br />constitute any of the affected areas a dedicated public thoroughfare for either vehicles <br />and/or pedestrians or other lawful use. The owners of the Windridge II Parcel and the <br />Windridge r Parcel are hereby obligated to do all things needful to perpetuate the status <br />of the easements created by this Agreement as private easements, including cooperating <br />with each other in the periodic publication of legal notices or physically barring access <br />to the affected areas as may be required by law for the purposes expressed in this <br />paragraph; provided, however, that prior to closing off any substantial portion of either <br />the Windridge I Access Easement, the Windridgc II Access Easement or the Parking <br />Easement, as herein provided, the Party requesting such closing shall give written <br />notice to the other Party of its intention to do so, and shall attempt to coordinate such <br />closing with the other Party so that no unreasonable interference with the passage of <br />vehicles or passage of pedestrians shall occur. <br /> <br />Scdion 2. .Maintenanc(' <br /> <br />(a) Ongoing Maintenance Responsibility for Access, Parking and Park <br />Improvements. Each Party hereto is equally responsible for the maintenance and repair <br />of the Utilities Infrastructure, Access Improvements and the Parking Improvements <br />which are located throughout the Complex, and shall keep such Utilities Infrastructure, <br />Access Improvements and the Parking Improvements, in good condition and repair, in <br />accordance with all applicable governmental rules. ordinances and regulations, as well <br />as sound engineering practices, including, without limitation, (i) keeping all sidewalks, <br />driveways, parking spaces and other paved arcas free of snow, mud, ice. refuse, <br />garbage, holes and breaks in pavement and related matters, and (ii) keeping the <br />pavement surface of the sidewalks, driveways, parking spaces and other paved areas <br />smooth and evenly covered with the type of surfacing material initially used or <br />substitute material reasonably acceptable to the owners of each Parcel in the Complex <br />that is equal in quality, use and durability. Each Party hereto shall be required to repair, <br />maintain and replace the Utilities Infrastructure, Access Improvements and the Parking <br />Improvements consistent with the maintenance and repair of other similar apartment <br />proj<.:cts located in the Grand Island, Nebraska area. In the event that any Party fails to <br />comply with its maintenance obligations as set forth herein, which failure continues for <br />more than 10 days after the date of written notice to the other Party of such default, the <br />nondefauIting Party shall be entitled to (x) enter the defaulting Party's property for the <br />purpose of the performance of such maintenance activities as are necessary to restore <br />the Utilities Infrastructure, Access Improvements and the Parking Improvements to <br />good condition and repair, (y) expend such funds as arc reasonably necessary to <br />
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