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r 81~' OU~333'7 D E C L A RAT I O N THIS DECLARATZON made on the date hereinafter set forth by EARL 3. HARDY and LINDA R. HARDY, all hereto collectively called Declarant", the owner as of the date hereof of ail of the following described real estate, to wit: idottingham Estates Subdivision in the City of Grand Island, Ha11 County, Nebraska. W Z T N E S S E T H WHEREAS, Declarant is desirous of providing easements, restrictions, covenants and conditions for the use of said premises for the purpose of protecting the value and desirability of said nronerty. NOW, THEREFORE, Declarant hereby declares that all of the Properties described above shall be held, sold, and conveyed subject to the following easements, restrictions, covenants and conditions which are for the purpose of protecting the value and desirability of, and which shall run with the real property above described as well as any other property submitted hereto as provided herein, and shall be binding on all parties having any right, Citle, ar interest in the described Properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof until January 1, 1946, at which time said covenants shall be automatically extended for successive periods of ren (10) years unless by written agreement of seventy percent (70l} of the then owners of the Lots during the first fifteen rear period of this instrument, and thereafter by not less that. fifty percent (S0~<) of the owners of the Lots, it is agreed ro change said covenan*_s in whole or in part, said agreement to be executed and recorded in the manner provided by law for conveyance of real estate. ARTICLE i DEFINITIOiv5 Section i. "Association" shall mean and refer to ~lottingham std` ales Subdivision Chasers Association, its successors and assigns, a ir'ebraska nonprofit corporation. Section 2. "Owner"' shall :lean and refer to the record owner, whet~ier one or mare persons or entities, of a fee simple title to any Lot which is a part of the Properties, but excluding those having such interest merely as security for the performance of an obligation, oz the purchaser under a recorded contract for the sale and purchase of a Lot under which the seller retains title solely as security for the performance of the purchaser's obligations under the contract. Section 3. "Properties" shall mean and refer to that certain rea estate hereinbefore first described. Section 4. "Gammon Area" s'rall mean all real property in =3ottingfiam'~sCates Subdivision in the City Jf Grand T_sland, Nebraska, over which the association has an easement and shall exclude the interior of the structures erected in r_he subdivision. The Comm Area wi.l1 consist of easements ever all of i~ottingham Estates Subdivision except the interior of residences; prior to the conveyance of the first lot in the subdivision, Declarant shall Canvey as easement to the Association for the entire subdivision except the interioz of structures to be erected thereon, in accordance with this Declaration.