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and complete settlement of their claims. The parties further acknowledge that they are making this settlement of their own free will and not upon any statement or representation made to them by any other party to this Agreement, or any party's agents or attorneys. 11. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their legal representatives, heirs, successors and assigns. 12. Non - Admission. This is a compromise settlement of disputed claims. By entering into this Agreement, no party hereto is acknowledging any liability or wrongdoing, any and all liability or wrongdoing being expressly denied. This Agreement does not constitute an adjudication or finding on the merits of any of the allegations in the Ellis Condemnation Action or the Little E Condemnation Action, or any appeal or cross - appeal thereof. 13. Construction. This Agreement is being delivered and intended to be performed in the State of Nebraska and shall be construed and enforced in accordance with the laws of such state. IN WITNESS WHEREOF, the parties have signed this Agreement on the day, month and year set opposite their respective names. AD P REN D. "JO �►� LI , Individually and Trustee of the Addren D. "John" Ellis Revocable Trust STATE OF NEBRASKA COUNTY OF S ) ss. Date 20130238/ On the 2-2-- day of AA ap-C/ , 2013, before me personally appeared Addren D. "John" Ellis, to me personally known or having seen satisfactory identification to be the identical to me that he person named herein and who executed the foreoin ent and acknowledged voluntarily executed the same. GENERAL NOTARY - State of Nebraska ROBERT J. PARKER, JR. NOgrg My Comm. Exp. Sept. 19, 2015 . - • 6