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(1.3) If any part , or the parties hereto, or his, her , or
<br />their heir`,(s), deviseefs), executor, administrator, or assignee
<br />or purchaser or purchasers of any".lot in such subdivision, shall
<br />violate or attempt to violate any of the covenants, restrictions,
<br />or conditions herein set forth, it shall be lawful for any
<br />part hereto or the survivor of them, or his, her or their
<br />heirs), devisee(s), or grantee(s) to prosecute any and all appropriate
<br />proceedings at law or in equity against the person or persons
<br />violating or attempting to violate any of the foregoing conve-
<br />ants, restrictions, and to prevent him, her or them from so doing
<br />or to recover damages for such violation, PROVIDED that a breach
<br />of any such conditions, restrictions or reservations shall not
<br />defeat or render invalid the lien of any mortgage made in good
<br />faith for value as to such tract and, PROVIDED further that such
<br />conditions, restrictions and reservations shall remain at all
<br />times in full force and effect as against any owner of such tract
<br />for reason of any breach thereof by any such owner whether acquired
<br />by purchase, foreclosure, devise, inheritance, or any other manner,
<br />and PROVIDED further that should any one or more of any of the
<br />foregoing conditions, restrictions, or reservations be declared
<br />invalid, by a court of competent jurisdiction, the other covenants,
<br />restrictions or conditions shall not be affected, but shall con-
<br />tinue in full force and effect.
<br />It is further agreed that the previous covenants and restrictions
<br />pertaining to Lots one and three in such "Brach's First Subdivision"
<br />are agreed to be hereby amended and modified to conform hereto,
<br />Provided: .existing structures on either one d= such lots shall
<br />not be deemed to be in violation hereof.
<br />This agreement and the faithful performance of the terms thereof
<br />shall be binding upon heirs, administrators, executors, assigns, .
<br />grantees, and devisees of the parties to this contract and upon
<br />the purchaser or purchasers of any lot or lots in such Brach's
<br />First Subdivision.
<br />IN WITNESS WH EOF, we have hereunto set our hands, this
<br />day of ,1960.
<br />Matthew F. Brach.
<br />J eph' e L. Brac .
<br />D.._
<br />uce.
<br />Vivian G. Lepotac "e
<br />Willard L. Wilson.
<br />ucille G. Wilson.
<br />STATE OF NEBRASKA
<br />1 ss.
<br />COUNTY OF HALL )
<br />On the / q day of ,1960, before me`/
<br />�Nq'tay 'Public in and f said County, personall appear MATTHEW
<br />and JOSEPHINE BRACH, his wife; SYLVAN T. LEPOUCE and
<br />lv �� UPOUCE, his wife; and WILLARD L. WILSON and LUCILLE G.
<br />;1i
<br />!s.:wife, to me personally known to be the identical per-
<br />seas, 4Mho ignatures are affixed thereon, and each in his and
<br />Y ° Vv `i :,r4g.4.did acknowledge the execution thereof to be his
<br />4�ea a\— tntary act and deed.
<br />►llyt S WHEREOF I have hereunto subscribed m y
<br />name and
<br />ie.my official seal at Grand Island, Nebraska, on the date
<br />I a above written.
<br />My Commission expire
<br />
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