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200501617
<br />21. NUISANCES. No worn out or discarded automobiles, machinery or parts shall be
<br />stored on any lot in said Subdivision and no portion thereof shall be used for the storage of
<br />automobiles, junk piles or of any other kind of junk and/or waste materials. The entire lot must
<br />be kept free of unsightly structures or personal property, and maintained, cleaned and mowed.
<br />22. NUISANCE REMEDIES. In case of the failure of a lot owner to adhere to these
<br />covenants, the undersigned, his successors and assigns, reserve the right to enter upon any lot for
<br />the purpose of mowing the grass, cleaning up the lot or removing unsightly structures or personal
<br />property and to charge the owner or occupant for the actual cost for the services performed. If
<br />such charges are not paid within 5 (five) days, a lien may be filed against the lot.
<br />23. REMEDIES AT LAW. If any owner of any lot, or their heirs or assigns, shall violate
<br />or attempt to violate any of the Restrictive Covenants and conditions herein set forth, it shall be
<br />lawful for any other person or persons owning any real estate in said Subdivision, to prosecute
<br />such proceedings at law or in equity against the person or persons violating or attempting to
<br />violate any such Restrictive Covenants and conditions and to prevent him from so doing or to
<br />recover damages for such violations.
<br />24. DIVISIBILITY OF COVENANTS. If any of the Restrictive Covenants or conditions
<br />herein set forth are violated and declared void by a Court of competent jurisdiction, the
<br />remaining Restrictive Covenants and conditions shall not be affected, but shall stay and remain in
<br />full force and effect.
<br />25. OWNERS, DEVELOPERS HELD HARMLESS. All lot owners and occupants of
<br />Harder Estates Subdivision acknowledge that the terrain can be potentially dangerous and there
<br />shall be no liability of any kind upon the owners, subdividers or homeowners association. The
<br />use of the property by any lot owner and their guest(s), shall be at the sole risk of that owner and
<br />guest(s) of the owner. Other lot owners, subdividers or the homeowners association shall be held
<br />harmless for any accident or mishap on each lot.
<br />26. BINDING AFFECT. This agreement and the faithful performance of the terms
<br />thereof shall be binding upon the heirs, administrators, executors, assigns, grantees and devices
<br />of the undersigned, and upon the purchaser or purchasers, or any persons, real or corporate,
<br />holding under or by virtues purchasers of any lot or lots in the Harder Estates Subdivision.
<br />Article III.
<br />ORGANIZATION OF HARDER ESTATES SUBDIVISION ASSOCIATION
<br />1. OWNERS & PURPOSE. Every Owner of a Lot within the Property shall be a
<br />Member of the Association. Membership shall be appurtenant to and shall not be separated from
<br />ownership of any Lot. The Association shall have as its purpose the promotion of the health,
<br />safety, recreation, welfare, and enjoyment of the Owners of Lots within Property, including, but
<br />not limited to the following:
<br />(a) The acquisition, construction, landscaping, improvement, equipment, maintenance,
<br />operation, repair, upkeep and replacement of streets and easements for the general use,
<br />benefit and enjoyment of the Owners,
<br />(b) The promulgation, enactment, amendment and enforcement of rules and regulations
<br />relating to the use and enjoyment of Property, or any portion thereof, not inconsistent
<br />with this Declaration, provided always that such rules and regulations are uniformly
<br />applicable to all Owners.
<br />(c) The exercise, promotion, enhancement and protection of the privileges and interests of
<br />the residents of Property, and the protection and maintenance of the residential character
<br />of Property,
<br />(d) All powers conferred upon not - for - profit corporations by the Nebraska Nonprofit
<br />Corporation Act, and any amendments thereto, and all powers and duties necessary and
<br />appropriate to accomplish the purposes and administer the affairs of the Association not
<br />inconsistent with this Declaration,
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