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99 1�63"� .�'a <br /> Covenant shall be binding upon and effective against any Owner of a Parcel whose title is <br /> acquired by foreclosure, trustee's sale or otherwise. <br /> (d) This Covenant may not be modified in any respect whatsoever, except <br /> with the consent of the Owners of all Parcels, and then only by written instrument duly executed <br /> and acknowledged by all of the required Owners, duly recorded in the office of the recorder of <br /> Hall County, Nebraska. No modification or early termination of this Covenant shall affect the <br /> rights of any holder of a Mortgage as to whom the Owners have been given written notice <br /> (including name and address), unless the Mortgage holder consents in writing to the modification <br /> or early termination. <br /> 5. All notices given pursuant to this Covenant shall be in writing and shall be given� <br /> by personal delivery, United States mail, or United States express mail or other established <br /> express delivery service (such as DHL, Airborne, or Federal Express), postage or delivery charge <br /> prepaid, return receipt requested, addressed to the person and address designated below or, in the <br /> absence of such designation, to the person and address shown on the then current real property <br /> tax rolls of Hall County, Nebraska. All notices to Allen or Albertson's shall be sent to the person <br /> and address set forth below: <br /> Albertson's: Albertson's, Inc. <br /> 250 Parkcenter Boulevard <br /> P.O. Box 20 <br /> Boise, ID 83726 <br /> Attention: Legal Department <br /> Allen: Robert M. Allen Family Limited Partnership <br /> 1115 West Second Street <br /> P.O. Box 987 <br /> Hastings, NE 68902-0987 <br /> Attention: Robert Allen <br /> Concurrent copy to: John Q. Bachman,Esq. <br /> Gaines, Mullen, Pansing & Hogan <br /> 10050 Regency Circle, Suite 200 <br /> Omaha,NE 68114 <br /> and to: The Lerner Company <br /> 10855 West Dodge Road <br /> Omaha, NE 68154 <br /> Attention: Salvadore Carta <br /> The person and address to which notices are to be given may be changed at any time by any party <br /> upon written notice to the other parties. All notices given pursuant to this Covenant shall be <br /> deemed given upon receipt. <br /> For the purpose of this Covenant, the term "receipt" shall mean the earlier of any <br /> of the following: (a) the date of delivery of the notice or other document to the address specified <br /> pursuant to this section as shown on the return receipt, (b) the date of actual receipt of the notice <br /> 4 <br />