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200500497 Section 1. "Association" shall mean and refer to Park Gardens Home Owners Association, its successors and assigns, a Nebraska non - profit corporation. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 3. "Properties" shall mean and refer to that certain real estate herein before described. Section 4. "Common Area" shall mean all real property in Park Gardens 2" Subdivision, 3' Subdivision, 4th Subdivision and 5th Subdivision over which the Association has an easement. The Association shall provide maintenance as per this Declaration on additional areas designated "Common Area" and further described as; a. The sign located on part of Lot 5, Park Gardens 2nd Subdivision b. The center area of the cull de sac c, The "berm" located on part of Lot 1, Park Gardens 2nd Subdivision. d. All curb sidewalks Section 5. "Lot" shall mean and refer to any platted lot of land shown upon the recorded Subdivision maps of the Properties, such maps being recorded in the Office of the Register of Deeds of Hall County, Nebraska. Section 6. "Declarant" shall mean and refer to Park Gardens Home Owners Association, Incorporated, its successors and assigns, to the extent that the original Declarant shall specifically designate them as Declarant and such transfer shall comply with the provisions of Article III of the By- Laws regulating transfer of membership. MEMBERSHIP AND VOTING RIGHTS Section J. Every Owner of a Lot within the Properties shall be a member of the Association. Membership shall be 1)