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� 201501959 <br /> enforceable against Home Federal in accordance with its terms, except as the enforceability of <br /> this Agreement may be limited or otherwise affected by bankruptcy, insolvency, fraudulent <br /> transfer, reorganization, moratorium and similar laws of general applicability relating to or <br /> affecting creditors' rights or by general equity principles, and except as rights to indemnification <br /> and contribution may be limited by applicable law or public policy. <br /> Home Federal agrees to indemnify and hold JEH harmless from any breach of any of the <br /> foregoing representations and warranties. <br /> 6. Default. If any party to this Agreement shall default in the performance of its <br /> obligations under the terms of this Agreement, the non-defaulting party or parties shall, at its or <br /> their election, be entitled to all remedies at law or in equity including, but not limited to, specific <br /> performance or damages. <br /> 7. Further Assurances. From time to time after the execution of this Agreement, without <br /> further consideration, each of the parties to this Agreement will execute and deliver such <br /> documents and instruments as any other party shall reasonably request to give full effect to the <br /> transactions contemplated by this Agreement. <br /> 8. Term and Termination. This Agreement shall commence on the Effective Date and <br /> continue until the Deed of Trust is released by Home Federal pursuant to the terms and <br /> conditions of this Agreement. Upon the release of the Deed of Trust, this Agreement shall <br /> automatically terminate without any further action by the parties and shall be of no further force <br /> and effect; provided, however, that the provisions of Section 7 of this Agreement shall survive <br /> the termination of this Agreement and shall remain in full force and effect. <br /> 9. Amendment. No amendment or modification of this Agreement shall be binding on <br /> any party to this Agreement unless the same shall be in writing and signed by all parties to this <br /> Agreement. <br /> 10. Notices. Any notice required under this Agreement shall be given via hand delivery <br /> or by mailing via United States Mail, postage prepaid, to the other party or parties at such <br /> party's last known address. <br /> 11. Expenses. The parties shall all pay their respective expenses incident to the <br /> preparation, execution and consummation of this Agreement. <br /> 12. Binding Effect. This Agreement shall be binding upon, and shall inure to the benefit <br /> of, the parties to this Agreement and their respective successors and assigns. <br /> 13. Governing Law. This Agreement shall be governed by and construed in accordance <br /> with the laws of the state of Nebraska, without giving effect to its conflict of laws principles. <br /> 14. Entire Agreement. This Agreement (and the Deed of Trust executed in connection <br /> with this Agreement) constitutes the entire agreement of the parties respecting the subject <br /> matter contained in triis Agreement. <br /> 15. Counterparts. This Agreement may be executed simultaneously in counterparts, <br /> each of which shall be deemed an original, but which together shall constitute the same <br /> instrument. <br /> [The remainder of this page intentionally left blank; signature page follows] <br />