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CONTROLLING LAW
<br />SEVERABILITY
<br />201603436
<br />no affirmative duty to any successor in title to this conveyance to enforce any of the following
<br />agreements and covenants.
<br />1. It is understood and agreed by Grantee, for itself and its successors and assigns,
<br />that except for warranties, responsibilities and agreements of Grantor specifically
<br />set forth herein, the Property is conveyed "as is" and "where is" without any
<br />representation or warranty on the part of Grantor to make any alterations, repairs
<br />or additions. Grantor shall not be liable for any latent or patent defects in the
<br />Property. Grantee, for itself and its successors and assigns, acknowledges that
<br />Grantor has made no representations or warranty concerning the condition and
<br />state of repair of the Property nor any agreement or promise to alter, improve,
<br />adapt or repair the Property.
<br />2. The Grantee, its successors and assigns, shall neither transfer the Property, lease
<br />the Property, nor grant any interest, privilege, or license whatsoever in connection
<br />with the Property without the inclusion of the environmental protection provisions
<br />contained herein, and shall require the inclusion of such environmental protection
<br />provisions in all further deeds, transfers, leases, or grants of any interest,
<br />privilege, or license.
<br />The interpretation and performance of this deed shall be governed by both federal law
<br />and the laws of the State of Nebraska.
<br />If any part of this deed shall be decreed to be invalid by any court of competent
<br />jurisdiction, all of the other provisions hereof shall not be affected thereby and shall remain in
<br />full force and effect.
<br />ENTIRE AGREEMENT
<br />This deed sets forth the entire agreement of the parties with respect to rights and a
<br />restriction created hereby, and supersedes all prior discussions, negotiations, understandings, or
<br />agreements relating thereto, all of which are merged herein.
<br />SUCCESSORS
<br />The covenants, terms, conditions, notices, exclusions, reservations, and restrictions found
<br />in this instrument are binding upon, and inure to the benefit of, the parties hereto and their
<br />respective representatives, heirs, successors, and assigns and shall continue as a servitude
<br />running in perpetuity with the Property.
<br />INDEMNIFICATION
<br />The GRANTEE(S), their heirs, successors, and assigns hereby agree to indemnify,
<br />release, defend, and hold harmless Southern Public Power District, its employees, agents,
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