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201802662 deed of trust, or encumbrance and such mortgage, deed of trust, or encumbrance shall be subordinate in all respects to this Conservation Easement; or (vi) if there is no mortgage, deed of trust, or encumbrance affecting the Premises, record this Conservation Easement prior to recording any deed of trust, mortgage, or other encumbrance against the Premises. Grantee may, at its expense, obtain title insurance insuring the priority of this Conservation Easement, and Grantor will cooperate, at no expense to Grantor, with Grantee in obtaining such title insurance. 8. General Provisions: a. Successors. The covenants, terms, conditions, and restrictions of this Conservation Easement shall be binding upon, and inure to the benefit of the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running with the land in perpetuity. b. Counterparts; Recording. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. This Conservation Easement shall be signed by all parties and recorded with the Register of Deeds of the County in which the Premises is located. c. Nebraska law. This Conservation Easement shall be and is deemed to be a conservation restriction under the laws of the State of Nebraska only, and shall be construed and given effect in accordance with the laws of the State of Nebraska and not otherwise. d. Severability. If any provision of this Conservation Easement or the application hereof to any person or circumstance shall be to any extent invalid or unenforceable, the remainder of this Conservation Easement and the application to persons or circumstances other than those as to which it is invalid or unenforceable shall not be effected thereby, and each term and provision of this Conservation Easement shall be valid and enforceable to the fullest extent permitted by law. e. Waiver. No consent or waiver, expressed or implied by either party to or of any breach in the performance by the other party of its agreements hereunder shall be construed as a consent or waiver to or of any breach in the performance by such party of the same or any other agreement. The failure on the part of either party to complain of any such action or inaction on the part of the other or to declare the other in default, no matter how long such failure may continue, shall not be deemed to be a waiver by either party of any of its rights hereunder. f. Construction. This Conservation Easement shall not be construed, without regard to any presumption or other rule requiring construction, against the party causing this Conservation Easement to be drafted. g. Notice. Any notice given by one party to the other party pursuant to this Conservation Easement must be in writing using one of the following methods of delivery: (i) personal delivery; (ii) certified mail, return receipt requested and postage prepaid; or (iii) nationally recognized overnight courier, with all fees prepaid. A party giving a notice must address the notice to the receiving party at the address listed in the introductory paragraph of this Conservation Easement or to the address for notice of the real estate tax records in the county in which the Premises is located. Form 1412027v6; 09/12/17; 1790474.8 - 6 -