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202503766 <br />If to Grantee: <br />GARY JACOBSEN <br />Attn: Auto One Inc. <br />1112 S Locust St. <br />Grand Island, NE 68801 <br />308.380.8876 <br />7. Run with the Land. All of the terms and conditions in this Easement, including <br />the benefits and burdens, shall run with the land and shall be binding upon, inure to the benefit <br />of, and be enforceable by Grantor and Grantee and their respective successors and assigns, <br />and the rights and obligations created by this Easement may not be transferred, assigned, or <br />encumbered except as an appurtenance to the real property benefited by such rights. <br />8. Governing Law. This Easement shall be construed and enforced in accordance <br />with the internal laws of the State of Nebraska, without giving effect to any conflict of laws <br />principles. <br />9. Entire Agreement. This Easement sets forth the entire understanding of Grantor <br />and Grantee and may not be changed except by a written document executed and <br />acknowledged by Grantor and Grantee, their successors and/or assigns, and duly recorded in <br />the appropriate real estate records. <br />10. Invalidity. If any term or condition of this Easement, or the application of this <br />Easement to any person or circumstance, is deemed invalid or unenforceable, the remainder of <br />this Easement, or the application of the term or condition to persons or circumstances other <br />than those to which it is held invalid or unenforceable, shall not be affected, and each term and <br />condition shall be valid and enforceable to the fullest extent permitted by law. <br />11. No Waiver. No delay or omission by any party in exercising any right or power <br />arising under this Easement, including but not limited to any right or power arising out of any <br />default under this Easement, shall be construed to, be a waiver of the right or power. A waiver <br />by a party of any of the obligations of the other party shall, not be construed to be a waiver of <br />any breach of any other terms or conditionsof this Easement. <br />12. Enforcement. Enforcement of this Easement may be by proceedings at law or in <br />equity against any person or persons violating or attempting or threatening to violate any term or <br />condition in this Easement, either to restrain or prevent the violation or to obtain any other relief. <br />If a lawsuit or any other proceeding is brought to enforce this Easement, the prevailing party <br />shall be entitled to recover its costs, including reasonable attorneys' fees and other costs of any <br />litigation or proceeding, from the nonprevailing party. For the purposes of this Section, the term <br />"prevailing, party" means the party whose position in such litigation or proceeding is substantially <br />upheld. <br />13. Survival. Except to the extent this Easement expressly states to the contrary, all <br />of Grantor' and Grantee's rights, obligations, and liabilities and obligations under this Easement <br />shall survive the expiration or earlier cancellation or termination of the term of this Easement or <br />the Easements. <br />