DECLARATION OF RESTRICTIVE COVENANTS
selected excerpts of general interest

 

This Declaration of Restrictive Covenants – Wilderness Hills Keystone Addition (“Restrictive Covenants”) is made this 17th day of April, 2006, by Lincoln Federal Bancorp, Inc., Robert P. Hoback, and Lyon Enterprises, LLC (“Owner”).  The title holder of record is the Owner of the following real estate:  Lots 1 through 43, Block 1; Lots 1 through 23, Block 2; and Outlots A, B, C, D, and E, Wilderness Hills Keystone Addition, Lincoln, Lancaster County, Nebraska.  Owner desires to encumber the Properties and Commons with these Restrictive Covenants to provide for the continuity of the Wilderness Hills Keystone Addition and the common welfare of the property. 

ASSESSMENTS.  The Corporation covenants and each member of the Corporation, by the acceptance of a deed by which the interest requisite for membership is acquired, shall be deemed to covenant to maintain the commons and grounds, which covenants by the members shall be satisfied by the payment of annual and special assessments for the administration, maintenance and / or improvements. 

Annual and special assessments for administration, maintenance and / or improvement shall be uniform as to each lot within the properties.  Each assessment shall be the personal obligation of the member who is, or was the titleholder of the lot assessed at the time of assessment, shall bear interest at the rate then charged for delinquent taxes until pain and, when shown of record, shall be a lien upon the lot assessed. 

Annual Assessment – Wilderness Hills Owners Association                        $ 100

Annual Assessment – Keystone Village Owners Association                       $   50

Monthly Assessment for grounds maintenance, snow removal,
            and refuse collection in Keystone Village                                           $ 100
           
Annual or special assessments for the administration, maintenance or improvement shall be levied by the Corporation.  Annual and special assessments, other than for capital improvements, may be levied by the Board of Directors of the Corporation.  Any special assessment for capital improvements shall be approved by the affirmative vote of two-thirds of each class of members affected and entitled to vote, present in person or by proxy, at a regular meeting of the members or at a special meeting of the members, if notice of a special assessment is contained in the notice of the special meeting. 

Grounds Maintenance.  The Townhome Corporation shall provide to the Townhome Properties grounds maintenance which may include maintenance of each member’s lawn, trees and shrubs; lawn sprinkler system and snow removal from the public sidewalk, front stoop and driveway. 

Building Maintenance.  Each Townhome Owner shall be responsible for the proper upkeep, care, maintenance and exterior appearance of the improvements located upon their Townhome Lot for the purpose of maintaining a high quality and attractive development.

Party Walls.  Each wall which is built as a part of the original construction of a dwelling within the Townhome Properties and placed on the dividing line between two adjoining lots shall constitute a party wall. 

Encroachments.  When a building shall be constructed on any lot so as to encroach upon the adjoining lot within the Townhome Properties, the member who is the titleholder of the lot with the encroaching building shall have an easement upon the adjoining lot to the extent of the encroachment.

General Standards for Improvements and Structures Other Than Dwellings.  The following general standards shall be satisfied in the construction and installation of improvements and structures other than the dwelling.  The Townhome Corporation and Townhome Owners shall have the right to enforce these standards. 

Fencing.  Fencing, walls or other structures shall not be constructed within the Townhome Properties.

Accessory Structures.  Accessory structures such as storage sheds and playhouses shall not be constructed within the Townhome Properties nor shall any driveway be expanded to a width of more than 22 feet upon any Townhome Lot. 

Animal Shelters.  Dog runs and kennels shall not be permitted within the Townhome Properties.

Antennas.  No wiring, antenna or satellite dish for electrical power, telephone, television, radio, or similar purpose shall be permitted above ground, except where such wiring, antenna, or satellite dish is enclosed within a structure.  A satellite dish not to exceed twenty-four (24) inches in diameter may be attached outside the dwelling in a location not visible from the front street.  Placement of said satellite dish is subject to the approval of Owner.  Upon the sale and deeding of the last lot in the addition by Owner these approval rights shall become the rights of the Corporation.

Mailbox.  Standard development neighborhood MBU mailboxes are required.

Pets.  Domestic pets have the potential to create significant nuisance problems within the Townhome Properties.  Each Townhome Owner shall be responsible for controlling all domestic pets and preventing them from becoming an annoyance, nuisance, or unreasonably disturbing the quiet of any other Townhome Owner.