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h02000319 4. Title. First Party for itself and for its successors and assigns, does hereby represent and warrant to Second Party its successors and assigns, that "First Party" is the fee simple owner of "Lot 3". 5. Covenants Running With the Land. The covenants, agreements, conditions and restrictions set forth in this Agreement are intended to be and shall be construed as covenants running with the land ("Lot 1," Lot 2" and "Lot 3"), binding upon and inuring to the benefits of and enforceable to the parties hereto, and all subsequent owners of their respective interest, or any part thereof. 6. Severability. If any portion of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision(s) of this Agreement are invalid or unenforceable, but that by limiting such provision(s) the same would become valid and enforceable, then such provision(s) shall be deemed to be written, construed, and enforced as so limited. 7. Waiver. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitations of that party's right to subsequently enforce and compel strict compliance with each and every provision of this Agreement. 8. Governing Law. The laws of the State of Nebraska shall govern the jurisdiction, venue, interpretation and construction of this Agreement, excluding the choice of law rules that may direct jurisdiction, venue, interpretation or construction of this Agreement to other jurisdictions. 9. Nature of Agreement. Nothing contained in this Agreement will be deemed a gift, grant or dedication of any portion of any property to or for the general public or for any public purpose whatsoever. 10. Counterparts. This Agreement may be signed in one or more counterparts, which when taken together, shall constitute one and the same Agreement. The parties may execute and exchange counterparts by means of facsimile or electronic transmission and the parties agree that the receipt of such executed counterparts shall be binding on the parties and shall be construed as originals.