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1ov J1SSY •J• After Recording, Return To: Mark L. Brasee, 409 South 171h Street, Suite 500, Omaha NE 68102 RESTRICTIVE USE AGREEMENT This Restrictive Use Agreement ("Agreement") is made and entered into as of December, 4, 2020, by and between Timothy J. Smith and Casey M. Smith, husband and wife ("Grantor"), and Platte River Whooping Crane Maintenance Trust, Inc., a Nebraska nonprofit corporation ("Grantee"). WHEREAS, Grantor and Grantee have entered into that certain Residential Purchase Agreement dated October 9, 2020, as amended (the "Agreement"), regarding the purchase and sale of certain real property described on Exhibit A and depicted on Exhibit B and Exhibit C, attached hereto and incorporated herein by this reference (the "Property"). WHEREAS, the Agreement provide a restriction on use of the Property. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties do hereby agree as follows: 1. Restriction on Use. The Property shall only be used for one single-family dwelling and shall not be further subdivided. The four (4) existing accessory structures may be maintained but not expanded beyond the existing total square footage of each. No other use shall be allowed on the Property, except the Grantor may maintain and hay areas planted to grass but no other agricultural uses are allowed. 2. Binding Effect. All of 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, inuring to the benefit of, binding upon and enforceable by the parties hereto, and their respective successors, assigns, grantees, representatives, tenants and invitees. 3. Default. In the event either party shall default in the performance of this Agreement, the non -defaulting party may exercise any and all rights and remedies allowed by law, including specific performance or injunctive relief. No breach of any provision of this Agreement by any party shall give the other party the right to cancel, rescind or otherwise terminate this Agreement, but this provision shall not be deemed to affect any other rights or remedies which the non -breaching party may have, or claim to have, by reason of the breach. 2471714.2