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201501805 <br />5. Use. The Permittees (a) shall use the Webb Road Access Drive and the <br />Connector Drive with due regard to the rights of other Permittees, and (b) shall not use in any <br />manner or build any fences or barriers of any kind on either of such drives which will <br />unreasonably interfere with, prevent, or block the usage by the Permittees of either of such <br />drives. The Owners of the Lots shall have the right to temporarily close, not to exceed twenty - <br />four (24) hours in any calendar year, the drive(s) or easement areas located on its lot to preclude <br />the creation of a prescriptive easement or public dedication of such drive(s) or easement areas or <br />any portion thereof. <br />6. Construction and Maintenance. A. The Webb Road Access Drive shall be <br />constructed by the Owner of Lot 11 as part of the site work incident to the construction of the <br />initial building constructed on Lot 11 and shall be constructed of the same materials as the <br />parking areas within Lot 11. <br />B. The Connector Drive shall be constructed by the Owner of Lot 12 as part of the site <br />work incident to the construction of the initial building constructed on Lot 12 and shall be <br />constructed of the same materials as the parking areas within Lot 11 and with curb and <br />gutter. <br />C. The Owner of Lot 11 with respect to the Webb Road Access Drive and the Owner of <br />Lot 12 with respect to the Connector Drive shall maintain, repair and replace the surface <br />and subsurface of such drives in good condition and repair at all times including but not <br />limited to debris removal and the installation, maintenance, and replacement of speed <br />bumps and traffic and directional signs, if deemed necessary by the Owner of such Lots <br />for speed control or public safety. <br />7. Amendment and Termination. This Declaration or any provision herein contained <br />may not be amended in any manner without the express written consent of the Owners of Lot 11 <br />and Lot 12. This Declaration may not be terminated without the express written consent of the <br />City and the Owners of Lot 11 and Lot 12. No tenant, licensee or other person having only a <br />possessory interest in Lot 11 or Lot 12 is required to join in the execution of or consent to any <br />action of the Owners of Lot 11 or Lot 12. <br />8. Notices. All notices, statements, demands, approvals or other communications <br />given pursuant to this Declaration of Easements will be in writing and will be delivered by <br />certified or registered mail, postage prepaid, or by recognized courier service to the party or <br />parties affected. All such notices which are mailed shall be deemed to be delivered on the third <br />business day after postmark and, with respect to deliveries by recognized courier service, on the <br />next business day following deposit with such courier service. <br />9. Miscellaneous. This Declaration of Easements will be construed in accordance <br />with the laws of the State of Nebraska. The provisions of this Declaration of Easements will be <br />3 <br />