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201406587 <br />Declarant or its successors /assigns shall be addressed to the address first above written or as <br />otherwise designated in writing by Declarant. <br />5. Severability. All of the restrictions, covenants, agreements and conditions <br />contained herein shall be construed together, but if it shall at any time be held by a court of <br />competent jurisdiction that any one of such restrictions, covenants, agreements or conditions, or <br />any portion thereof is invalid or for any reason becomes unenforceable, no other restriction, <br />covenant, agreement or condition contained therein shall be thereby affected or impaired. <br />6. Enforceability. Each and all of the provisions contained in this Declaration shall <br />be enforceable against Declarant, its successors and assigns, by injunction or by any other <br />appropriate causes of action at law or in equity. The failure to enforce any of the restrictions, <br />covenants, agreements or conditions shall in no event be deemed a waiver of the right to do so <br />thereafter or thereafter to enforce any other restriction, covenant, agreement or condition <br />contained herein. <br />7. Term of Declaration. The terms and conditions of this Declaration shall terminate <br />upon the earlier of: (i) January 31, 2045; or (ii) expiration or termination of the DSG Lease. <br />8. Governing Law. This Declaration shall be construed, interpreted and applied in <br />accordance with the laws of the State of Nebraska. <br />(Signature blocks on the following pages) <br />3 <br />