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5. Miscellaneous. <br />A. All notices, requests, demands or other communications <br />( "Notices ") hereunder shall be in writing and given by certified mail, return <br />receipt requested or by national overnight courier (e.g., Federal Express or UPS) <br />and, in the case of courier service, shall be effective as of the date of delivery to <br />the intended recipient as shown on the courier's records, and in the case of mail, <br />shall be effective three (3) days (excluding weekends and holidays) after mailing, <br />delivery shall be deemed to have been made if the postal service or courier was <br />not able to deliver due to change of address for which no Notice was given. <br />Notices shall be addressed as shown below or to such other address as may be <br />specified from time to time in writing by either party: <br />To Developer: <br />With copy to: John Q. Bachman, Esq. <br />Pansing Hogan Ernst & Bachman LLP <br />10250 Regency Circle, Suite 300 <br />Omaha, Nebraska 68114 <br />To Owner: <br />Allen 13 Street LLC <br />1115 West 2 Street <br />P.O. Box 987 <br />Hastings, Nebraska 68902 <br />Attention: Kristin M. Allen, Manager <br />JoEl Investment Group, LLC <br />1221 N Street, Suite 103 <br />Lincoln, Nebraska 68508 <br />Attention: Jennifer Jones, Manager <br />With copy to: Tim L. O'Neill, Esq. <br />O'Neill Heinrich Damkroger <br />Bergmeyer & Shultz, P.C., L.L.O. <br />800 Lincoln Square <br />121 South 13 Street <br />P.O. Box 82028 <br />Lincoln, Nebraska 68501 <br />B. The provisions of this Agreement are not intended to create, nor <br />shall they in any way be interpreted to create, a joint venture, a partnership, or any <br />other similar relationship between the parties. <br />C. The captions heading the various paragraphs of this Agreement are <br />for convenience and identification only, and shall not be deemed to limit or define <br />the contents of their respective paragraphs. <br />7 <br />201504202 <br />