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201400640 14. Assi n�t. No transfer, assignment, alienation or encumbrance of the Property, or any rights hereunder, shall be made by Buyer without the prior written consent of Seller. Notwithstanding the foregoing, Buyer may assign its rights, duties and obligations under this Ageement to any person or entity related to Buyer without prior written consent of Seller. 15. Indemnity of Escrow A�ent. The parties hereby agree to indemnify and hold harmless the Escrow Agent against all costs, damages, attorney's fees, expenses and liabilities which, in good faith and without fault on its part, it may incur or sustain in connection with this Agreement and in connection with any court action arising out of this Agreement. 16. Seller's Remedies. Should Seller deem Buyer to be in default of any of the provisions this Agreement, Seller shall give Buyer written notice via certified mail and Buyer shall have sixty (60) days to remedy such violation. If Buyer shall fail to remedy such violation within such notice period, Seller, at its option, may: (1)declare the entire balance immediately due and payable; (2) enforce a forfeiture of the interest of the Buyer in any lawful manner; (3) remedy the default and include the amount paid to remedy the default in the amount owed by Buyer to Seller; (4) retain the Earnest Deposit and sue to recover any amounts due from Buyer to Seller hereunder, and the amount of any damages sustained by Seller by reason of Buyer's default; (5) foreclose the interest of Buyer hereunder; or(6) seek any other remedy to which Seller might be entitled at law or equity. Failure to exercise any option upon any one default hereunder shall not waive the right to exercise the option upon a subsequent default. 17. Notice to Parties. Any notices to a party under this Agreement shall be delivered to: To Seller: To Buyer: Mr. and Mrs. Richard Gillham Dobesh Land Leveling, LLC 319 Renee Road Attn: Gregory E. Dobesh Doniphan,NE 68832 3500 West 2"d Street Grand Island,NE 68803 Copies of any notices shall be delivered to the office of the Escrow Agent at 10306 Regency Parkway Drive, Omaha,Nebraska 68114, attention Daniel J. Waters. 18. Recordation. Buyer may record this Agreement or a short form memorandum hereof without the consent of Seller. 19. Time of Essence. Time is of the essence of this Agreement. 20. Binding Effect. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the respective parties. 21. Governin�Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska. 22. Entire A�reement. This instrument constitutes the entire agreement between the parties and shall not be amended, altered or changed except by written agreement signed by the parties hereto. 23, Counterparts. This Agreement may be executed in counterparts. Copied, facsimile or digitally-imaged signatures shall be deemed originals. 4