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VIZ. =OVENANTS, CONDZTIOPIS AND RESTRICTIONS The following covenants, conditions and restrictions relating to this condominium regime shall run with the land and shall be binding upon all grantees, devisees, aartgagees and any other persons who use the property, including the persons who acquire the interest of any owner through fore- closure, enforcement of any lien or otherwise: a. Fairway Villas Owners Association, a Nebraska non-profit corporation, has been incorporated to provide a vehicle for the management of the condominium. The owner or owners of each villa in Fairway Villas Condominium Property Regime I and in Fairway Villas Condominium Property Regime II shall each designate one person to be a director of the Association. The designated director must either be the owner or the spouse of the owner of the villa being repre- sented. The By-Laws of said Association are also the By-Laws of this condominium property regime and are attached hereto as Exhibit B°. b. All general common elements are for the use and enjoyment of all owners. The limited common elements are for the exclusive use of the owner of the villa or villas to which they ors appurtenant, his family, quests, servants and invitees. The ownership cf the common elements shall remain undivided, and no person or owner shall bring any action for the partition or division of the common elements, The Association shall from time to time establish rules and regulations for the use of the common elements, and all owners and users shall be bound thereby. The As- sociation shall have the sole jurisdiction over and re- sponsibility foz alterations, improvements, repairs and maintenance of the common elements. The share of an owner in the common elements is appurtenant to his villa and inseparable from villa ownership. Asseasmmnts against owners for insurance, common mlement expenses and reserves, and fvr other expenses incurred by the Association shall be made pursuant to the By-Laws, Assessments paid within thirty [3~) days after the date then due shall riot bear interest, but aiI sums not paid within said thin*_Y rln) day period ahali boar interest at the highest Ieyal rate from due date until paid. If any owner shall fait or refuse to make any payment of such assessments when due, the amount thereof, plus interest, shall constitute a lien open the omer's interest in his villa and in the property, and upon the recording of such Tian by the Association in the Office of the Register of Deeds of Hall County, Nebraska, such amount shall constitute a lien prior and preferred over all other liens and encumbrances except assessments, liens and charges for taxes past due and unpaid on the villa and except prior duly recorded mortgage and lien instruments. c. Each owner shalt be responsible: (1) To maintain, repair and replace, at his expense, all portions of his villa or garage which ors not included in the definition of cosmnon elements, except as set Earth in Article V, above. t2} To maintain and repaiz and replace as necessary all utilities within that owner's villa ar garage and any damage to the common utilities caused by use within that villa or garage, -3-