Covenants of Eagle Crest HOA

DECLARATION

OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS

FOR EAGLE CREST, A SUBDIVISION

IN SARPY COUNTY, NEBRASKA

THIS DECLARATION, made on the date hereinafter set forth, is made by EAGLE CREST HOME OWNERS ASSOCIATION, a Nebraska non-profit corporation ("Declarant.")

PRELIMINARY STATEMENT

The Declarant is the owner of certain real property located within Sarpy County, Nebraska, and described as follows:

Lots 1 through 31, inclusive, and Lots 33 through 201, inclusive in Eagle Crest, a subdivision, as surveyed, platted and recorded in Sarpy County, Nebraska.

Such lots are herein referred to collectively as the "Lots" and individually as each "Lot."

The Declarant desires to provide for the preservation, protection and enhancement of the values and amenities of such community and for the maintenance of the character, value, desirability, attractiveness and residential integrity the Lots.

NOW, THEREFORE, the Declarant hereby declares that each and all of the Lots shall be held, sold and conveyed subject to the following restrictions, covenants, conditions and easements, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the Lots. These restrictions, covenants, conditions and easements shall run with such real estate and shall be binding upon all parties having or acquiring any right, title or interest in each Lot, or any part thereof, as is more fully described herein. The Lots, and each Lot is and shall be subject to all and each of the following conditions and other terms:

ARTICLE I.

RESTRICTIONS AND COVENANTS

1. Each Lot shall be used exclusively for residential purposes except for such Lots or parts thereof as may hereafter or previously have been conveyed or dedicated by Declarant, for use as a school or park.

2. For a period of fifty (50) years after the filing of the initial Declaration, the Declaration shall remain in effect and at the end of the fifty (50) years (October 21, 2046), the covenants shall be renewed for a period as determined by a meeting of the Homeowners Association.

3. No residence, building, fence, wall, driveway, patio, patio enclosure, rock garden, swimming pool, tennis court, dog house, dog run, kennels, volleyball court, tree house, antenna, satellite receiving station (“disc”), flag pole, solar heating or cooling device, tool shed, wind mill, wind generating equipment, or other external improvement, including landscaping, above or below the ground (herein all after referred to as any “Improvement”) shall be constructed, erected, placed or permitted to remain on any Lot, nor shall any grading or excavation for any Improvement be commenced, except for Improvements which have been approved by Declarant as follows:

(a) An owner desiring to erect an Improvement shall deliver two sets of construction plans, landscaping plans and plot plans to Declarant (herein collectively referred to as the "plans"). Such plans shall reflect the type of structure, quality and use of exterior materials, exterior design, exterior color or colors, and location of structure proposed for such Improvement. Concurrent with submission of the plans, Owner shall notify the Declarant of the Owner’s mailing address.

(b) An owner desiring to paint / re-side the home shall submit for approval to the Declarant a description of the work to be done as well as color samples. In the cases a home is to be painted in the original color or re-sided with the same style and color of siding, submitting a request for approval is not required.

(c) Declarant shall review such plans in light of the conditions and restrictions in Article I of this Declaration and in relation to the type and exterior of improvements which have been constructed, or approved for construction, on the Lots. In this regard, Declarant intends that the Lots shall be developed as a residential community with homes constructed with high quality materials. The decision to approve or refuse approval of a proposed Improvement shall be exercised by the Declarant in a reasonable manner to promote conformity and harmony of the external design of the improvements constructed within the Eagle Crest subdivision and to protect the value, character and residential quality of all Lots in a manner consistent with this Declaration. By way of illustration and not limitation, it is intended that the architecture of the residential structures constructed shall be consistent with the architecture of the houses constructed on Lots 56 through 60, inclusive, in the Eagle Crest subdivision in Sarpy County, Nebraska. Atypical improvements and home designs such as dome houses, A-frame houses and log cabins will not be approved unless the Declarant determines thatconstruction of these improvements will not be materially inconsistent with the scheme of development contemplated by this Declaration. If Declarant determines that the external design and location of the proposed Improvement does not conform with the standards or requirements of this Declaration, does not conform with the surrounding improvements and topography or will not protect and enhance the integrity and character of all the Lots and neighboring lots, if any, as a quality residential community, Declarant may refuse approval of the proposed Improvement.

(d) Written Notice of any approval of a proposed Improvement shall be mailed to the owner at the address specified by the owner upon submission of the plans. Such notice shall be mailed, within thirty (30) days after the date of submission of the plans. If notice of approval is not mailed within such period, the proposed Improvement shall be deemed disapproved by the Declarant.

(e) No Lot owner, or combination of Lot owners, or other person or persons shall have any right to any action by Declarant, or to control, direct or influence the acts of the Declarant with respect to any proposed Improvement. No responsibility, liability or obligation shall be assumed by or imposed upon Declarant by virtue of the authority granted to Declarant in this Section, or as a result of any act or failure to act by Declarant with respect to any proposed Improvement.

4. Completion of Construction: A dwelling on which construction has begun shall be completed within one (1) year from the date the foundation was commenced for such dwelling.

5. Foundations: The exposed front foundation wall as well as any foundation wall facing a street of all main residential structures must be constructed of or faced with brick or simulated brick or stone or stucco. All exposed side and rear concrete or concrete block foundation walls not facing a street must be painted. All foundations shall be constructed of concrete, concrete blocks, brick or stone.

6. Fireplaces and Flues: In the event that a masonry wood-burning fireplace and / or flue, pre-fabricated gas / wood burning fireplace, pre-fabricated direct vent fireplace is constructed as a part of the dwelling in a manner so as to protrude beyond the outer perimeter of the front elevation, the enclosure of the fireplace and flue shall be constructed of, or finished with, clay fired brick or stone. Fireplaces shall not be cantilevered on any part of the front elevation. In the event that a pre-fabricated direct-vent fireplace unit is installed as a part of the dwelling on any Lot and is vented directly through an exterior side or rear wall of the dwelling or is vented through the roof of the dwelling with a vent similar in style, size and location to that of a furnace flue, no clay fired brick or stone enclosure will be required.

7. Advertising and Signs: No advertising signs, billboards, unsightly objects or nuisances shall be erected, placed or permitted to remain on any Lot except one sign per Lot consisting of not more than six (6) square feet advertising a lot as "For Sale." No commercial signs or banners may be displayed. Political signs shall be displayed in accordance with local ordinances.

8. Obnoxious Activities: The premise shall not be used in any way for any purpose which may endanger the health or unreasonably disturb the owner or owners of any Lot or resident thereof. Further, no retail business activities of any kind whatsoever shall be conducted on any Lot. Provided, however, the foregoing paragraph shall not apply to the business activities, signs and billboards or the construction and maintenance of buildings, if any, by Declarant, their agents or assigns, during the construction and sale of the Lots.

9. Exterior Lighting: Exterior lighting installed on any Lot shall either be indirect or of such a controlled focus and intensity as not to disturb the residents of adjacent Lots.

10. Antennas: No exposed antenna, aerial, or disc of any sort shall be permitted on any Lot, except that Declarant may approve.

11. Vehicle Repairs: No repair of any boats, automobiles, motorcycles, trucks, campers or similar vehicles requiring a continuous time period in excess of forty-eight (48) hours shall be permitted on any Lot at any time; nor shall vehicles offensive to the neighborhood be visibly stored, parked or abandoned on any Lot.

12. Vehicle Parking: No boat, camper, trailer, auto-drawn or mounted trailer of any kind, mobile home, truck, motorcycle,aircraft, camper truck or similar chattel shall be maintained or stored on any part of a Lot (other than in an enclosed structure) except that during the months of May through September vehicles may be parked in the driveway only. From October through April vehicles may be parked in the driveway only for a period not to exceed 72 hours upon approval by the Declarant. All vehicles must be parked on paved, concrete surfaces only. No motor vehicle may be parked or stored outside on any Lot, except vehicles driven on a regular basis by the occupants of the dwelling located on such Lot. No grading or excavating equipment, airplanes, tractors or semi‑tractors/trailers, busses shall be stored, parked, kept or maintained in any yards, driveways or streets. However, this restriction shall not apply to trucks, tractors or commercial vehicles which are necessary for the construction of residential dwellings during their period of construction.

13. Trash: No outside trash or garbage pile, burner, receptacle or incinerator shall be erected, placed or permitted on any Lot. Lots shall be maintained free of trash and debris. No unused building material, junk or rubbish shall be left exposed on the Lot except during actual building operations, and then only in as neat and inconspicuous a manner as possible. Except for on the scheduled day of pick up, any mobile trash receptacle shall be placed so as to be out of public view.

14. Garden/Garden Equipment: All produce or vegetable gardens shall be maintained only in rear yards. All produce or vegetable gardens shall be limited to no larger than 400 square feet in size. No garden, lawn or maintenance equipment of any kind whatsoever shall be stored or permitted to remain outside of any dwelling or suitable storage facility, except when in actual use.

15. Clothes Lines: No clothes line shall be permitted outside of any dwelling at any time except one umbrella-type clothes line per residence.

16. Firewood Storage: No firewood storage shall be maintained on any lot in excess of two (2) cords and only in the rear yard on a flat.

17. Fencing: No fence shall be permitted unless approved in writing by Declarant after submission of fencing plans. No fence shall be permitted to extend beyond the front line of a main residential structure. Unless Declarant specifically approves other materials in writing, fences shall only be composed of black wrought iron or similar material or vinyl or wood. Wire or chain link, temporary or permanent barbed wire, electrified (above ground) and / or snow fences are strictly prohibited. No fences or privacy walls shall exceed a height of six (6) feet. No hedges or mass planted shrubs shall be permitted more than ten (10) feet in front of the front building line.

18. Swimming Pools: No swimming pool or wading pool, either permanent or temporary may extend more than one foot above ground level.

19. Sidewalks: A public sidewalk shall be constructed of concrete four (4) feet wide by four (4) inches thick in front of each built upon Lot and upon the street side of each built upon corner Lot. The sidewalk shall be placed four (4) feet back of the street curb line and shall be constructed by the owner of the Lot prior to the time of completion of the main structure and before occupancy thereof.

20. Landscaping: No hedges or mass planted shrubs shall be permitted more than ten (10) feet in front of the building line. At the time of initial occupancy of the main dwelling, the then owner shall plant, and there shall thereafter be maintained in a growing state by the then owners, at least one deciduous trees with a minimum trunk diameter of one and one-half inches at a height of five feet; such tree to be located in the front yard at least ten feet from the front Lot line.

21. Landscape Maintenance: No grass, weeds or other vegetation will be grown or otherwise permitted to commence or continue, and no dangerous, diseased or otherwise objectionable shrubs or trees will be maintained on any Lot so as to constitute an actual or potential public nuisance, create a hazard or undesirable proliferation, or detract from a neat and trim appearance. No vegetation on vacant Lots shall be allowed to reach a height in excess of eight (8) inches.

22. Dumping: Vacant Lots shall not be used for dumping of earth or any waste materials.

23. Driveways: Driveway approaches between the sidewalk and curb on each lot shall be constructed of concrete. Should repair or replacement of such approach be necessary, the repair or replacement shall also be of concrete. No asphalt overlay of driveway approaches will be permitted. All driveways must be constructed of concrete, paving brick, paving stone or laid stone. No asphalt on driveways shall be permitted. Vehicular ingress and egress to and from the lot upon the public streets shall be limited to the driveway only.

24. Animal Shelters: No stable or other shelter for any animal, livestock, fowl or poultry shall be erected, altered, placed or permitted to remain on any Lot except that a dog house constructed for one (1) dog shall be permitted; provided always that the construction plans, specifications and the location of the proposed structure have been first approved by Declarant, or their assigns, if required by this Declaration. No dog runs or dog kennels shall be permitted. No livestock or agricultural-type animals shall be allowed in Eagle Crest subdivision, including pot-bellied pigs.

25. Air Conditioners: Any exterior air‑conditioning condenser unit shall be placed in the rear yard or any side yards so as not to be visible from public view.

26. Outbuildings: No temporary structure of any character, and no carport, detached

basement, trailer, outbuilding or shack shall be erected upon or used on any Lot at any time, either temporarily or permanently. An Owner may erect a swing set, playground equipment, pool house, or other non-prohibited structure on a Lot only after securing the prior written approval of Declarant. No structures, dwellings or modular housing improvements shall be moved from outside Eagle Crest to any Lot. Tents may be erected for no more than 72 hours.

ARTICLE II.

HOMEOWNER’S ASSOCIATION

1. The Association. Declarant has caused the incorporation of EAGLE CREST HOMEOWNERS ASSOCIATION, a Nebraska not for profit corporation (hereinafter referred to as the "Association"). The Association has as its purpose the promotion of the health, safety, recreation, welfare and enjoyment of the residents of the Lots, including:

(a) The acquisition construction, landscaping, improvement, equipment, maintenance, operation, repair, upkeep and replacement of Common Facilities for the general use, benefit and enjoyment of the Members. Common Facilities may include recreational facilities such as swimming pools, tennis courts, health facilities, playgrounds and parks; dedicated and nondedicated roads, paths, ways and green areas; and signs and entrances for Eagle Crest. Common Facilities may be situated on property owned or leased by the Association, on public property, on private property subject to an easement in favor of the Association, or on property dedicated to a Sanitary Improvement District.

(b) The promulgation, enactment, amendment and enforcement of rules and regulations relating to the use and enjoyment of any Common Facilities, provided always that such rules are uniformly applicable to all Members. The rules and regulations may permit or restrict use of the Common Facilities by Members, their families, their guests, and/or by other persons, who may be required to pay a fee or other charge in connection with the use or enjoyment of the Common Facility.

(c) The exercise, promotion, enhancement and protection of the privileges and interests of the residents of Eagle Crest; and the protection and maintenance of the residential character of Eagle Crest.

2. Membership and Voting. Eagle Crest is divided into two hundred (201) separate lots (referred to as the “Lots”). The "Owner" of each Lot shall be a Member of this Association. For purposes of this Declaration, the term "Owner" of a Lot means and refers to the record owner, whether one or more persons or entities, of fee simple title of a Lot, but excluding however those parties having any interest in any of such Lot merely as security for the performance of an obligation (such as a contract seller, the trustee or beneficiary of a deed of trust, or a mortgagee). The purchaser of a Lot under a land contract or similar instrument shall be considered to be the "Owner" of the Lot for purposes of this Declaration. Membership shall be appurtenant to ownership of each Lot, and may not be separated from ownership of each Lot. The Owner of each Lot, whether one or more persons and entities, shall be entitled to one (1) vote on each matter properly coming before the Members of the Association. In the event of an owner combining two or more contiguous lots into one, that Owner shall pay Association fees equal to that assessed to the owner of one lot and shall be entitled to one vote in matters coming before the Homeowners Association.

From time to time without the consent or approval of the Owners or Members, the Association may be expanded by Declarant to include additional residential lots in any subdivision which is contiguous to any of the Lots, or which is developed as a phase of the Eagle Crest subdivision. Such expansions may be affected from time to time by Declarant’s recordation with the Register of Deeds of Sarpy County, Nebraska, of a Declaration of Covenants, Conditions, Restrictions and Easements, setting forth the identity of the additional residential lots (hereinafter the “Subsequent Phase Declaration”). Upon the recording of a Subsequent Phase Declaration which expands the residential lots included in the Association, additional lots identified in the Subsequent Phase Declaration shall be considered and shall be included in the “Lots” for purposes of this Article II, and the Owners of the additional residential lots shall be members of the Association with all rights, privileges and obligations accorded or accruing to Members of the Association.

3. Purposes and Responsibilities. The Association shall have the powers conferred upon not for profit corporations by the Nebraska Nonprofit Corporation Act, and all powers and duties necessary and appropriate to accomplish the Purposes and administer the affairs of the Association. The powers and duties to be exercised by the Board of Directors, ~~and upon authorization of the Board of Directors by the Officers,~~ may include but shall not be limited to the following:

(a) The acquisition, development, maintenance, repair, replacement, operation and administration of Common Facilities, and the enforcement of the rules and regulations relating to the Common Facilities.

(b) The Landscaping, mowing, watering, repair and replacement of parks and other public property and improvements on parks or public property within or near Eagle Crest.

(c) The fixing, levying, collecting, abatement, and enforcement of all charges, dues, or assessments made pursuant to the terms of this Declaration.

(d) The expenditure, commitment and payment of Association funds to accomplish the purposes of the Association including, but not limited to, payment for purchase of insurance covering any Common Facility against property damage and casualty, and purchase of liability insurance coverages for the Association, the Board of Directors of the Association and the Members.

(e) The exercise of all of the powers and privileges, and the performance of all of the duties and obligations of the Association as set forth in this Declaration, as the same may be amended from time to time.

(f) The acquisition by purchase or otherwise, holding, or disposition of any right, title or interest in real or personal property, wherever located, in connection with the affairs of the Association.

(g) The deposit, investment and reinvestment of Association funds in bank accounts, securities, money market funds or accounts, mutual funds, pooled funds, certificates of deposit or the like.

(h) The employment of professionals and consultants to advise and assist the Officers and Board of Directors of the Association in the performance of their duties and responsibilities for the Association.

(i) General administration and management of the Association, and execution of such documents and doing and performance of such acts as may be necessary or appropriate to accomplish such administration or management.

(j) The doing and performing of such acts, and the execution of such instruments and documents, as may be necessary or appropriate to accomplish the purposes of the Association.

4. Mandatory Duties of Association. The Association shall maintain, paint, repair and replace any fence and/or signs which have been installed and facilitated by the Developer within Eagle Crest Subdivision in generally good and neat condition.

5. Imposition of Dues and Assessments. The Association may fix, levy and charge the Owner of each Lot with dues and assessments (herein referred to respectively as "dues and assessments") under the following provisions of this Declaration. Except as otherwise specifically provided, the dues and assessments shall be fixed by the Board of Directors of the Association and shall be payable at the times and in the manner prescribed by the Board.

6. Abatement of Dues and Assessments. Notwithstanding any other provision of this Declaration, the Board of Directors may abate all or part of the dues or assessments due in respect of any Lot, and shall abate all dues and assessments due in respect of any Lot during the period such Lot is owned by the original Declarant, Eagle Crest Development LLC and assigns.

7. Liens and Personal Obligations for Dues and Assessments. The assessments and dues, together with interest thereon, costs and reasonable attorney’s fees, shall be the personal obligation of the Owner of each Lot at the time when the dues or assessments first become due and payable. The dues and assessments, together with interest thereon, costs and reasonable attorney’s fees, shall also be a charge and continuing lien upon the Lot in respect of which the dues and assessments are charged. The personal obligation for delinquent assessments shall not pass to the successor in title to the Owner at the time the dues and assessments become delinquent unless such dues and assessments are expressly assumed by the successors, but all successors shall take title subject to the lien for such dues and assessments, and shall be bound to inquire of the Association as to the amount of any unpaid assessments or dues.

8. Purpose of Dues. The dues collected by the Association may be committed and expended to accomplish the purposes of the Association described in Section 1 of this Article, and to perform the Powers and Responsibilities of the Association described in Sections 3 and 4 of this Article.

9. Maximum Annual Dues. Unless excess dues have been authorized by the Members in accordance with Section 11, below, the aggregate dues which may become due and payable in any year shall not exceed the greater of:

(a) Sixty and no/100 Dollars ($60.00) per Lot.

(b) In each fiscal year beginning on July 1, 2009, one hundred twenty‑five percent (125%) of the aggregate dues charged in the previous calendar year.

(c) Dues will be billed on or about 1 July of each year and will be considered delinquent sixty (60) days after the billing date and may be subject to the provisions of Article II, Section 14 of this document.

10. Assessments for Extraordinary Costs. In addition to the dues, the Board of Directors may levy an assessment or assessments for the purpose of defraying, in whole or in part, the costs of any legal fees, acquisition, construction, reconstruction, repair, painting, maintenance, improvement, or replacement of any Common Facility, including fixtures and personal property related thereto, and related facilities. The aggregate assessments in each calendar year shall be limited in amount to three (3) times current annual dues per lot.

11. Excess Dues and Assessments . With the approval of seventy‑five (75%) percent of the Members of the Association, the Board of Directors may establish dues and/or assessments in excess of the maximums established in this declaration.

12. Uniform Rate of Assessment. Assessments and dues shall be fixed at a uniform rate as to all Lots, but dues may be abated as to individual Lots, as provided in Section 6, above. Notwithstanding any provision to the contrary herein, no Lots owned by the original Declarant, Eagle Crest Development LLC or its assigns shall be subject to levy or assessment of dues and assessments.

13. Certificate as to Dues and Assessments. The Association shall, upon written request and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the dues and assessments on a specified Lot have been paid to the date of request, the amount of any delinquent sums, and the due date and amount of the next succeeding dues, assessment or installment thereof. The dues and assessment shall be and become a lien as of the date such amounts first become due and payable.

14. Effect of Nonpayment of Assessments‑Remedies of the Association. Any installment of dues or assessment which is not paid when due shall be delinquent. Delinquent dues or assessment may bear interest from the due date at the rate of sixteen percent (16%) per annum, compounded annually. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the Lot or Lots, and pursue any other legal or equitable remedy. The Association shall be entitled to recover as a part of the action and shall be indemnified against the interest, costs and reasonable attorney’s fees incurred by the Association with respect to such action. No Owner may waive or otherwise escape liability for the charge and lien provided for herein by nonuse of the Common Area or abandonment of his Lot. The mortgagee of any Lot shall have the right to cure any delinquency of an Owner by payment of all sums due, together with interest, costs and fees. The Association shall assign to such mortgagee all of its rights with respect to such lien and right of foreclosure and such mortgagee may thereupon be subrogated to any rights of the Association.

15. Subordination of the Lien to Mortgagee. The lien of dues and assessments provided for herein shall be subordinate to the lien of any mortgage, contract or deed of trust given as collateral for a home improvement or purchase money loan. Sale or transfer of any Lot shall not affect or terminate the dues and assessment lien.

ARTICLE III.

EASEMENTS

1. A perpetual license and easement is hereby reserved in favor of and granted to Omaha Public Power District, Northwestern Bell Telephone Company, and any company which has been granted a franchise to provide a cable television system within the Lots, Peoples Natural Gas and Sanitary and Improvement District No. 179 of Sarpy County, Nebraska, their successors and assigns, to erect and operate, maintain, repair and renew buried or underground sewers, water and gas mains and cables, lines or conduits and other electric and telephone utility facilities for the carrying and transmission of electric current for light, heat and power and for all telephone and telegraph and message service and for the transmission of signals and sounds of all kinds including signals provided by a cable television system and the reception on, over, through, under and across a five (5) foot wide strip of land abutting the front and the side boundary lines of the Lots; an eight (8) foot wide strip of land abutting the rear boundary lines of all interior Lots and all exterior lots that are adjacent to presently platted and recorded Lots; and a sixteen (16) foot wide strip of land abutting the rear boundary lines of all exterior Lots that are not adjacent to presently platted and recorded Lots. The term exterior Lots is herein defined as those Lots forming the outer perimeter of the Lots. The sixteen (16) foot wide easement will be reduced to an eight (8) foot wide strip when such adjacent land is surveyed, platted and recorded.

2. A perpetual easement is further reserved for Peoples Natural Gas and the City of Papillion Water Company, their successors and assigns to erect, install, operate, maintain, repair and renew pipelines, hydrants and other related facilities, and to extend thereon pipes, hydrants and other related facilities and to extend therein pipes for the transmission of gas and water on, through, under and across a five (5) foot wide strip of land abutting all cull‑de‑sac streets; this license being granted for the use and benefit of all present and future owners of these Lots; provided, however, that such licenses and easements are granted upon the specific conditions that if any of such utility companies fail to construct such facilities along any of such Lot lines within thirty‑six (36) months of date hereof, or if any such facilities are constructed but are thereafter removed without replacement within sixty (60) days after their removal, then such easement shall automatically terminate and become void as to such unused or abandoned easementways. No permanent buildings, trees, retaining walls or loose rock walls shall be placed in the easementways but same may be used for gardens, shrubs, landscaping and other purposes that do not then or later interfere with the aforementioned uses or rights granted herein.

3. A perpetual easement is further reserved in favor of the Declarant and the Association, its successors and assigns to create, install, repair, reconstruct, paint, maintain, and replace a fence, standards and related accessories located on, over and upon the rear most ten (10) foot wide strip of land abutting the rear boundary lines of Lots 1 through 11, inclusive, 23 through 32, inclusive, 39, 40, and 102; and also the west (10) feet of Lot 1 and the east ten (10) feet of Lot 102.

4. In the event that ninety percent (90%) of all Lots within the subdivision are not improved within five (5) years after the date on which Northwestern Bell Telephone Company files notice that it has completed installation of telephone lines to the Lots in the subdivision (herein the “Subdivision Improvement Date”), then Northwestern Bell Telephone Company may impose a connection charge on each unimproved Lot in the amount of Four Hundred Fifty and no/100 Dollars ($450.00). A lot shall be considered as unimproved if construction of a permanent structure has not commenced on a Lot. Construction shall be considered as having commenced if a footing inspection has been requested on the Lot in question by officials of the City or other appropriate governmental authority.

Should such charge be implemented by Northwestern Bell Telephone Company and remain unpaid, then such charge may draw interest at the rate of twelve percent (12%) per annum commencing after the expiration of sixty (60) days from the time all of the following events shall have occurred: (a) the Subdivision Improvement Date, and (b) Northwestern Bell Telephone Company sends each owner of record a written statement or billing for Four Hundred Fifty and no/100 Dollars ($450.00) for each unimproved Lot.

5. Other easements are provided for in the final plat of Eagle Crest which is filed in the Register of Deeds of Sarpy County, Nebraska, Instrument No. 96-16526.

ARTICLE IV.

GENERAL PROVISIONS

1. The Declarant or any owner of a Lot named herein shall have the right to enforce by a proceeding at law or in equity, all reservations, restrictions, conditions and covenants now or hereinafter imposed by the provisions of this Declaration either to prevent or restrain any violation or to recover damages or other dues of such violation. Failure by the Declarant or by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.

2. The covenants and restrictions of this Declaration shall run with and bind the land for a term of fifty (50) years (October 21, 2046), from the date this Declaration is recorded. This Declaration may be amended by Declarant or any person, firm, corporation, partnership, or entity designated in writing by Declarant, in any manner in which it may determine in its full and absolute discretion. This Declaration may be amended by an instrument signed by the owners of not less than seventy-five percent (75%) of the Lots covered by this Declaration.

3. By written consent of the Declarant, any or all of the covenants, conditions, restrictions, and easements as they apply to the Lots may be waived, modified or amended for any Lot or Lots, in any manner, for such a time period, and on such conditions, if any, which the Declarant may determine in its full and absolute discretion after considering the benefits and detriments which the waiver, modification or amendment will have on the Eagle Crest subdivision and the owner requesting the waiver. Declarant’s decision on any request, waiver, modification or amendment shall be final and there shall be no right of appeal of Declarant’s decision. No responsibility, liability or obligation shall be assumed by or imposed upon Declarant by virtue of the authority granted to Declarant in this Section, or as a result of any act or failure to act by Declarant with respect to any request for waiver, modification or amendment.

4. No responsibility, liability or obligation shall be assumed or imposed upon any member of the Declarant (Eagle Crest Homeowners Association Board of Directors) by virtue of the authority granted to Declarant in this Document, or as a result of any act or failure to act by Declarant with respect to any proposed improvement.

4. The Directors shall not be liable to the Members for any mistake of judgment, or otherwise, except for their own individual willful misconduct. The Association shall, to the extent permitted by the Nebraska Nonprofit Corporation Act, as amended from time to time, indemnify and reimburse to the greatest extent permitted by law, all persons whom it may indemnify and reimburse pursuant thereto. Notwithstanding the foregoing, the indemnification provided for in this Section shall not be deemed exclusive of any other rights to which those entitled to receive indemnification or reimbursement hereunder may be entitled under any Bylaw of this Association, agreement, vote or consent of Members or disinterested Directors or otherwise. It is intended that the Directors shall have no personal liability with respect to any contract made by them on behalf of the Association. It is also intended that the liability of any Member arising out of any contract made by the Board of Directors or out of the indemnity in favor of the Directors shall be limited to a proportion of the total liability thereunder, which proportion shall be equivalent to the proportional rate of assessment of his Lot under the Declaration. Agreements made by the Board of Directors or by the managing agent, or by the manager on behalf of the Association may provide that the Directors or the managing agent, or the manager, as the case may be, are acting only as agents for the Members and shall have no personal liability thereunder (except as Members), and that each Member’s liability thereunder shall be limited to a proportion of the total liability thereunder, which proportion shall be equivalent to the proportional rate of assessment of his Lot under this Declaration.

5. The Declarant or its successor or assign, may assign the Declarant status hereunder to another person or entity by execution and recording of an Assignment and Assumption of Declarant status or may terminate its status as Declarant under this Declaration, at any time, by filing a Notice of Termination of Status as Declarant. Upon filing of a Notice of Termination of Status as Declarant, the Association may appoint itself or another entity, association or individual to serve as Declarant, and such appointee shall thereafter serve as Declarant with the same authority and powers as the original Declarant.

6. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof which shall remain in full force and effect.

IN WITNESS WHEREOF, the Declarant has caused these presents to be executed this ____ day of October, 1996.

EAGLE CREST DEVELOPMENT, L.L.C., a Nebraska

limited liability company, Member

By EAGLE RIDGE DEVELOPMENT COMPANY

By:_______________________________

Michael F. Rogers, President

By SOUTH SARPY INVESTMENTS, INC., Member

By: _______________________________

Floyd D. East, President

STATE OF NEBRASKA )

)ss.

COUNTY OF DOUGLAS )

The foregoing instrument was acknowledged before me this ____ day of October 1996, by Michael F. Rogers, President of Eagle Ridge Development, a Nebraska corporation, on its behalf, as a member of Eagle Crest Development, L.L.C., a Nebraska limited liability company, on behalf of the limited liability company.

____________________________________

Notary Public

STATE OF NEBRASKA )

)ss.

COUNTY OF DOUGLAS )

The foregoing instrument was acknowledged before me this ____ day of October 1996, by Floyd D. East, President of South Sarpy Investments, Inc., a Nebraska corporation, on its behalf, as a member of Eagle Crest Development, L.L.C., a Nebraska limited liability company, on behalf of the limited liability company.

____________________________________

Notary Public