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,g.~a ~," ^;_~s~~ DECLARAT'i0iv OF RESTRICTIVE COVENA?dT5 rlid-Continent Enterprises, Znc „ being the sole owner of ail of the-real estate described in Article On~a hereof, {hereafter the "Real Estate"), for the benefit of the successive owners and occupiers of said-Real Estate does hereby establish -th? following conditions-, covenants, and. restrictions with regard to the Real Estate, all of which shall run. with the land and be fully hindincj ugon all successive owners thereto as follows: ARTICLE C3NE The Real Estate This declaration applies to all of Black Nine {9) except Lots Cane {1) and Twe {2) of said Block Nine {9), Continental. Gardens, an addi*_ion tc the City of Grand Island, Nebraska. ARTICLE i'r~0 Term This declaration shall take effect immediately upon its filing and shall continue in full farce and effect until September I4,2Q23. If between the period cf June 1, 2423, and September 1~, 2023,-any then record owner of any portion of the Real Estate files a notice of Discontinuance of this Declaratior<, then this Declaration shall terminate as of the i?th day of September, 2023, and thereafter be of no further force and effect whatsoever. However, if the Notice of Termination is not then filed by a then record owner cif :any portion of the Real Estate {hereafter "owner") this Declaration shall cars t.._.:~e in. foil farce and Effect for successive terms of ten- {1L~) yeae~cli, and unless terminated within the same June 1, September 14, ti:~~ period- at the end of each successive term by the same method shad- continue in full force and effect. At-any-time this Decl.aratian may be amended in writing. by the .then record owners of seventy-five percent {75a) of the Real-Estate and the written agreement of American Community Stares Corporation: a Texas Corporation. Any such amendment shall take force immediately ugon its being recorded of record in the Office of the Register of Deeds of Hall County, Nebraska. ARTICLE THP,EE The Restrictions 1. A non-exclusive driveway easement for ingress and egress is hereby established over and upon that portion of. the Real Estate which is shown and described ugon Exhibit Z which is attached hereto and made a part hereof by this reference. Tt'ie driveway easement area shall be available continuously far the :rutuai non-exclusive use of all of the businesses located upon any Lot in Flock 9, Continental Gardens, an addition to the City :~f Grand Island, but ti-iese rights shall not constitute a dedicatio: of the driveway area to the-gublicj instead it is strictly a permissive use which may be abrogated by a.~€endment to this i~eclaration as provided in Artir_i,e ZI hereof. The record .owner of the land upon which the driveway is located shall have-the duty to repair and maintain the easerr~ent-area. 2: Ail buildings constructed an the Real Estate shall be rehitectMrally ecxttgatable with the architectural- scheme of 81ook -Nana. (,~) of Lot Tcaci {2~ r Continental Gardens, an addition to the Cfty of Grand-ISlarid and stiali be constructed, developed-and designed in acc©rdance :with souritt generally accepted shopping-center praLtices for-neighborhood retail shopping center developments of the sire ana ch_araeter of the Ile de Grand :~ho~?pz`ng Center.. 'rJith respect tq the huildirigs and eutlots designated as such on'Eichibit "A" which is attachedl to the Lease Agreement dated July 2i, 1977 wherein Nrid-Continent Enterprises, inc. is the Landlord and American Community Stares Corporation is the Tenant which are