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�01107590
<br />roads, trafFic islands, landscaped areas, loading and service areas, sidewalks, walkways, but not decks
<br />and patios, and such other portion or portions of the Lots, as well as any drainage and lighting facilities
<br />servicing any one or more of the aforesaid areas, and any access driveways, corridors, driveways,
<br />exterior boundary walls and fences, water, sanitary and storm sewer, gas, electric, telephone and other
<br />utility lines and systems, conduits and facilities, and any of the foregoing which serve the access way, the
<br />parking areas, structured parking areas, if any, plantings, landscaped areas, truck serviceways, courts,
<br />ramps, lighting, sidewalks, and the facilities pertinent to each and all of the foregoing, all of which shall
<br />serve the Lots.
<br />1.4. "Developer" shall mean Batis Development Company or such person or entity as
<br />Developer may expressly designate as successor by written notice to all Lot Owners.
<br />1.5. °'Hazardous Material" means any hazardous or toxic substance, material or waste
<br />which is or becomes regulated by any local governmental authority, the State or the United States
<br />Government. The term "Hazardous Material" includes, without limitation, any material or substance
<br />which is (i) defined as a"hazardous waste" or other hazardous material or substance under any of the
<br />laws of the state where the Lot is located, (ii) petroleum, (iii) asbestos, (iv) designated as a"hazardous
<br />substance" pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C. sec.1317), (v)
<br />defined as a"hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and
<br />Recovery Act, 42 U.S.C. sec. 6901 et seq. (42 U.S.C. sec. 6903), as amended, or (vi) defined as a
<br />"hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response,
<br />Compensation and Liability Act, 42 U.S.C. sec. 9601 et seq. (42 U.S.C. sec. 9601), as amended.
<br />1.6. "Legal Requirements" shall mean all applicable current or future statutes, ordinances,
<br />orders, rules, regulations, judgments and requirements of any public authorities with jurisdiction,
<br />including, but not limited to, Environmental Laws and all city zoning ordinances and all applicable
<br />requirements of Developer's insurance carriers relating to the Premises (to the extent made known to the
<br />party responsible for complying therewith).
<br />1.7. "Lot(s)" or "Development" shall mean Lot 1 and Lot 2, Meadowlark West Ninth
<br />Subdivision on the Replat recorded as Instrument No. 0201106470, Hall County, Nebraska.
<br />1.8. "Lot Owner(s)" shall mean the owner or owner's tenant, if tenant is so authorized to act
<br />on owner's behalf, of any of either of the Lots, including Developer, and any person or entity which shall
<br />subsequently own or lease all or any portion of said Lots.
<br />1.9. "Party" and "Parties" or "party" and "parties" as used in this Declaration shall initially
<br />mean Developer until such entity shall have transferred its respective real property interests in and to any
<br />portion of its respective Lot(s) and thereafter shall mean the then owner of such fee interest.
<br />1.10. "Permittee(s)" shall mean the parties, all persons from time to time entitled to the use
<br />and occupancy of floor area in the Lots under any lease, deed or other arrangement whereby such
<br />person has acquired a right to the use and occupancy of any floor area, and their respective officers,
<br />directors, employees, agents, contractors, customers, visitors, invitees, licensees and concessionaires.
<br />1.11. "Project Architect" shall mean architect or architects duly licensed to practice in the
<br />State of Nebraska, as may from time to time be designated by Developer.
<br />1.12. "State" shall mean Nebraska.
<br />2. Declaration Confirmation. The Developer hereby acknowledges that the Developer Property is
<br />bound by the terms and provisions of the Declaration.
<br />2
<br />Meadowlark Declaration
<br />Lots 1 & 2-9�' Subdlvision
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