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r <br />201109314 <br />(d) The Association may create a schedule of fines for violation of <br />Association rules and regulations which fines shall be treated and billed as a <br />special assessment to the offending Owner's Lot. <br />10. The lien of any dues or special assessment shall, until shown of record, be <br />subordinate to the lien of any mortgage, deed of trust or other encumbrance placed upon the Lot <br />against which the assessment is levied. <br />VI. <br />TERM AND AMENDMENT OF RESTRICTIONS AND COVENANTS <br />These Restrictive Covenants, Restrictions and Conditions are to run with the land and <br />shall be binding on all persons and all parties claiming ownership of any of the lots, together <br />with any portion or subsequent resubdivision of those lots, until January 1, 2021 at which time <br />these Restrictive Covenants, Restrictions and Conditions shall be automatically extended for <br />successive terms of ten (10) years each, unless and until terminated at the end of any term by a <br />written Notice of Termination signed by the then Owners of a majority of the Lots, together with <br />any portion or subsequent resubdivision of those Lots, which will become effective to terminate <br />these Restrictive Covenants, Restrictions and Conditions as of the last day of the term during <br />which said Notice of Termination is recorded in the office of the Register of Deeds, Hall County, <br />Nebraska. <br />These Restrictive Covenants, Restrictions and Conditions may be amended at any time <br />by an instrument signed by the then Owners of a majority of the Lots together with any portion <br />or subsequent resubdivision of those lots. Any such amendment will become effective upon the <br />date of its recording in the Office of the Register of Deeds, Hall County, Nebraska. <br />VII. <br />LEGAL CONSTRUCTION <br />In the event of any conflict between the provisions of this Declaration of Restrictive <br />Covenants, Restrictions and Conditions and the provisions of the Agreement for Restrictive <br />Covenants, Restrictions and Conditions for "Lake Heritage Subdivision" and the Remaining <br />Portion of the Northwest Quarter of the Northwest Quarter (NW1/4NW1/4) of Section Thirty- <br />Three (33), Township Eleven (11) North, Range Nine (9) West, Hall County, Nebraska dated <br />June 26, 1978 which was filed in the office of the Register of Deeds of Hall County, Nebraska on <br />June 26, 1978 as instrument no. 78-003981, the provisions of this Declaration of Restrictive <br />Covenants, Restrictions and Conditions shall control. <br />If any of the restrictive covenants, restrictions or conditions herein set forth are violated <br />and declared void by a court of competent jurisdiction, the remaining restrictive covenants, <br />restrictions and conditions shall not be affected, but shall stay and remain in full force and effect. <br />This Declaration of Restrictive Covenants, Restrictions and Conditions may be executed <br />in two or more counterparts each of which shall be deemed an original but all of which together <br />shall constitute one and the same instrument. <br />IN WITNESS WHEREOF, the undersigned has executed this Declaration of Restrictive <br />Covenants, Restrictions and Conditions effective as of the date first noted above. <br />7 <br />