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FIRSTAMENDEDANDRESTATE~DECL"'!:.
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OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS
FOR LOTS 318 THROUGH 390 OF
DEER CREEK SUBDMSlON
KNOWN AS PHASE
IT Vll.,LAS ON THE GREEN
THIS AMENDED AND RESTATED DECLARATION, made on the date herein set forth by
EPIC HOMES, L
.L.c., a Nebraska limited liability company, hereinafter referred to as "Declarant":
WITNESSETH:
~~~lS
...Decla~l!is the owner of the following described real property:
Lots 318 through 390, elusive, and Outlot C, Deer Creek
, a subdivision as
surveyed, p a corded in Douglas County, Nebraska
WHEREAS
, Epic Homes, L.L.C., a Nebraska limited liability company is the Declarant
under that certain Declaration of Covenants, Conditions
, Restrictions and Easements for Lots 318
through 390 of Deer Creek Subdivision known as Phase II Villas on the Green
, filed for record in the
office of the Register of Deeds of Douglas County, Nebraska on July 17, 2003 as Instrument No.
2003137176 (the "Declaration"), which governs Lots 318 through 390, inclusive, in Deer Creek
, a
subdivision as surveyed
, platted and recorded in Douglas County, Nebraska; and
WHEREAS, pursuant to the terms and conditions of Article XII, Section 2 of the
Declaration
, the Declarant reserved the right to amend the Declaration; and
WHEREAS, pursuant to the terms and conditions of Article XII, Section 2 of the
Declaration
, the undersigned Declarant is desirous -of amending such Declaration in its entirety, it
being the intention of the Declarant that the Declaration shall be and hereby is superceded and
replaced in its entirety by this Amended and Restated Declaration Covenant, Conditions, Restrictions
and Easements (the ''Restated Declaration").
NOW, THEREFORE, Declarant hereby declares that all of the lots described above shall be
held, sold and conveyed subject to the following easements, restrictions, covenants and conditions all
of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of
said lots. These easements, covenants, restriction
, and conditions shall run with the real property and
shall be binding upon all parties having or acquiring any right, title or interest in the described
properties or any part thereof, and shall inure to the benefit of each Owner thereof.
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