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2025071 21 5. Notice. All notices which are required or may be given pursuant to this Easement shall be in writing and shall be sufficient if delivered personally or mailed by certified mail, postage prepaid, to the Parties and their attorneys at the addresses set out in the first paragraph above or such other addresses as the Parties or their attorneys may hereafter notify one another. 6. Modification. The rights created under this Easement may not be modified or amended unless such modification or amendment has been reduced to writing and signed by all of the then existing owner(s) of the Grantor Property and the Grantee Property and has been recorded in the Office of the Register of Deeds of Hall County, Nebraska. 7. Amendment to the 1984 Easement Grant. The Parties recognize and acknowledge the easement rights granted for the benefit of the Grantee Property within the 1984 Easement Grant. The Parties agree to adopt and incorporate the easement rights within the 1984 Easement Grant for the benefit of the Grantee Property in addition to the Ingress and Egress Easement contained herein. This amendment and modification to the 1984 Easement Grant is described and depicted more particularly in Exhibit D. 10. Binding Effect. Subject to the terms and conditions hereof, this Easement shall create benefits and servitudes running with the Grantor Property and shall be binding upon and inure to the benefit of the Parties hereto, their respective heirs, legal representatives, lessees, and successors in title. 11. Headings. The headings herein are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope or intent of this document nor in any way effect the terms and provisions hereof. 12. Partial Invalidity. If any provision of this Easement shall be or become invalid, illegal or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. 13. Counterparts. This Easement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 14. Applicable Law. This Easement shall be given effect and constructed by application of the law of the State of Nebraska. 15. Attorneys' Fees. Without limiting the provisions set forth above, if any of the parties hereto files any action or brings any proceeding against the other arising out of or relating to this Easement, or is made a party to any action or proceeding brought by a third party arising out of or relating to this Easement, then the prevailing party shall be entitled to recover, as an element of its costs of suit and not as damages, reasonable attorneys' fees to be fixed by the court. The "prevailing party" shall be the party who is entitled to recover its costs of suit, whether or not the suit proceeds to final judgment. A party not entitled to recover its costs shall not recover attorneys' fees. 16. Entire Agreement. This Easement constitutes the entire agreement between the parties hereto concerning the subject matter hereof, and no party has relied upon any statement, promise or representation not herein expressed. [Signature Pages Follows] Page 3 of 12