201705870 - Laserfiche WebLink

Browse

10. Covenant Running With Land/Effect of Record Documents. This Agreement shall be a covenant running with the land and shall be binding upon and inure to the benefit of, and may be enforced by the owners from time to time of every portion of the Grantor Parcel and the Grantee Parcel. Notwithstanding the foregoing, this Agreement may be abrogated, modified, terminated, rescinded or amended in whole or in part by an instrument executed by the then owners of all portions of the Grantor Parcel and the Grantee Parcel. This Agreement and the terms and provisions hereof are subject and subordinate to all items of record as of the date hereof. 11. Notices. Any notices required to be given hereunder shall be given by certified mail, return receipt requested, by hand delivery, or by Federal Express or similar overnight courier service, postage prepaid or by use of facsimile with a copy of proof of transmission being sent by regular mail on the date of transmission. Notices shall be sent to the following addresses: US.112647027.02 If to Grantor: EIG Grand Island, LLC do Equity Investment Group Attn: Anthony M. Zirille 127 W. Berry Street, Suite 300 Fort Wayne, Indiana 46802 201705870 If to Grantee: EIG Grand Island II, LLC do Equity Investment Group Attn: Anthony M. Zirille 127 W. Berry Street, Suite 300 Fort Wayne, Indiana 46802 The addresses and addressees for the purpose of this article may be changed by either Grantor or Grantee by giving notice of such change to the other party in the manner provided herein for notice. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last address and addressee stated herein shall be deemed to continue in effect for all purposes. 12. Miscellaneous. This Agreement shall be governed by the laws of the State of Nebraska. If any portion of this Agreement shall be or become illegal or unenforceable for any reason, the remaining portions shall remain in full force and effect and shall be enforceable to the fullest extent permitted by law. Any failure to enforce any restriction, covenant, condition, obligation, reservation, right, power or charge herein contained shall in no event be deemed a waiver of the right to thereafter enforce any of same. Upon sale of any portion of the Grantor Parcel or the Grantee Parcel, the transferor thereof shall be relieved of personal liability hereunder related to the time period subsequent to such transfer with respect to the portion so transferred. This instrument may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same document. Captions are for convenience only and do not modify the provisions of this Agreement.