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<br />DECLARATION
<br />RX DE GRAND, LTD., a limited partnership organized and exi-sting
<br />under the laws of the State of febraska ("the Declarant") being-the
<br />record owner of a certain parcel of improved real estate situated in
<br />Grand Island, Hall County, Nebraska ("the Property"), more particularly
<br />described as Lot 3 Block 9 Continental Gardens, an addition to the City
<br />of Grand Island kall County, Nebraska, does hereby establish and create
<br />for the term and duration of this Declaration certain areas within the:
<br />Property for use as parking areas, service drives, and driveways a]T of
<br />which areas are collectively referred to from time to time as the "common
<br />areas".
<br />A. The site plan annexed as Exhibit "A" is made a part of this
<br />Declaration and reflects and designates the respective parking areas-,
<br />service drives and driver~ays which have been and are established for the
<br />non-exclusive benefit of (i) all tenants, subtenants, licensees and
<br />invitees of the Property and their respective agents and employees, and..
<br />(ii) the owners and their respective tenants, subtenants, licensees and
<br />invitees of all other lots or portions thereof in Block 4, Continental
<br />Gardens, an addition to the City of Grand Island, Ball County, Nebraska.
<br />B. This Declaration shall terminate without need of further
<br />documeniation upon (i) the recordation of a formal release of or Deed of
<br />Reconveyance of that certain Deed of Trust Assignment of Rents and
<br />Security Agreement dated Jul 3 1980 in favor of
<br />Realbanc, Inc., a Nebraska corporation Rea 6anc recorded as Instrument
<br />Noi; w 003415in the records of the Register of Oeeds or` Ha11 County,
<br />Nebraska, or (ii) the recordation of a written agreement of the then
<br />record holder of the Property and Realbanc or its assigns.
<br />C. The record owner of the Property may modify, alter, elis~inate,
<br />reduce, enlarge, or rearrange the common areas or any part thereof only
<br />with r e prior written consent of Realbanc or ,,.., assigns. iipen r€corda~
<br />lion of a modified site plan reflecting any suchcchange to the eommon
<br />areas and the written consent of Realbanc or its assigns, this Declara-
<br />tion shall 6e considered amended as reflected in such modified site
<br />plan.
<br />D. Declarant affirms and ratifies the terms and provisions of
<br />that certain Declaration Of Restrictive Covenants recorded as Instrument
<br />Number 78-008105 in the records of the Register of Oeeds of Nall County,
<br />Nebraska and by this reference includes such Oeclaration in its entirety,
<br />as amended, as a part of this Declaration.
<br />E. This Declaration and the covenants and restrictions herein
<br />shall constitute covenants running with the Property, shall be bindiny
<br />upon all parties having or acquiring any right, title or interest in the
<br />Property, or any part thereof, and shall not be modified or terminated
<br />except as provided herein. The partial invalidity of any covenant,
<br />restriction or provision of this "Declaration" shall not affect in any
<br />way the validity of the remaining provisions of this ~}eciaration.
<br />RX DE GRAND, I.TD., A Nebraska Limited
<br />"' Partnership
<br />BY: PlID-CON71PlEPlTAL EPlTERPRISES, 1"dC.
<br />,_~r;. A Nebraska Corporation, General
<br />Partner
<br />By: ,
<br />,~ Milanan B~reside t
<br />
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