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ARTICLE IX MISCELLANEOUS Section 9.1 Estoppel Certificates. Each Party shall upon not less than thirty (30) days from receipt of written notice from the other Party or Mortgagee execute and deliver to such other Party or Mortgagee, as applicable, a certificate in recordable form stating that (i) either this Declaration is unmodified and in full force and effect or is modified (and stating the modification); and (ii) whether or not to the best of its knowledge the other Party is in default in any respect under this Declaration and if in default, specifying such default. A mortgagee or beneficiary on any Parcel has a right to cause the borrower to obtain an estoppel certificate from the Owner of an Outparcel prior to foreclosure or a deed in lieu of foreclosure. Section 9.2 Term and Perpetuity. The agreements, conditions, covenants, and restrictions created and imposed herein shall be effective upon the date hereof and shall continue in full force and effect, to the benefit of and being binding upon all Parties, their heirs, executors, administrators, successors, successors -in- title, assigns and tenants, including any ground lessee under a ground lease and the customers, employees and invitees of such parties until the expiration of sixty (60) years from the date hereof or such later date on which such lease expires, unless revised, released or terminated by the consent of all Parties and the holders of any first mortgage, deed of trust or similar security instrument on any portion of the Land pursuant to a writing recorded in the real property records of Hall County, Nebraska. Said agreements and restrictions shall be unaffected by any change in the ownership of any real property covered by this Declaration or by any change of use, demolition, reconstruction, expansion or other circumstances, except as specified herein. Notwithstanding the foregoing, the easements contained herein binding and benefiting the Parcels shall be perpetual and shall run with the land. Upon termination of the agreements, conditions, covenants and restrictions of this Declaration, all rights and privileges derived from and all duties and obligations created and imposed by the provisions of this Declaration, except as related to the easements cited and mentioned herein, shall terminate and have no further force or effect. Section 9.3 Notices. Any notice required or permitted to be given under this Declaration shall be in writing and shall be deemed to have been given or upon deposit in the United States 29 201706687