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201908192 Any such notice, request or other communication shall be considered given or delivered, as the case may be, on the date of hand or overnight courier delivery or upon deposit in the United States mail as provided above. Rejection or other refusal to accept or inability to deliver because of changed address of which no notice was given shall be deemed to be receipt of the notice, request or other communication. 5.2 Duration. All of the Lots shall be held, sold and conveyed subject to the restrictions set forth above, which restrictions shall run with the Lots and be binding upon the Lots and inure to the benefit of the Owners of the Lots and their successors and assigns, for a period of twenty-five (25) years after the date of this Declaration, after which time the term shall be automatically extended for successive periods of ten (10) years unless this Declaration is terminated in accordance with the terms hereof. 5.3 Termination and Amendment. Until expiration of the Declarant Control Period, Declarant shall have the unilateral right to amend this Declaration. After expiration of the Declarant Control Period, this Declaration, or any provision hereof, or any covenant, condition or restriction contained herein, may be terminated, extended, modified or amended only with the written consent of the Owners who collectively own 14 or more of the Residential Lots. Notwithstanding the foregoing to the contrary, any amendment affecting lienholder priority must be approved by the holder of any and all first mortgages and deeds of trust affected thereby. No such termination, extension, modification or amendment shall be effective until the same has been reduced to writing, executed, acknowledged and recorded in the office of the Recorder of Hall County, Nebraska. 5.4 Default; Enforcement. Until such time as the Association is created, each Owner shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. After creation of the Association, the Association shall have the sole and exclusive right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. No express waiver of any default will affect any default or extend any period of time for performance other than as specified in such express waiver. The rights and remedies of enforcement are cumulative and no right or remedy will be exclusive of any other, or of any other right or remedy at law or in equity which an Owner or the Association might otherwise have by virtue of a default under this Declaration, and the exercise of any right or remedy by an Owner or the Association will not impair such party's standing to exercise any other right or remedy. 5.5 No Partnership. Nothing contained in this Declaration and no action by the Owner of any Lot or the Association will be deemed or construed by any Owner 12 4845-6155-3581.3