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� 99 109395 7. Remedies. If the Owner of either Property or their heirs, successors or assigns violate this Agreement, it shall be lawful for the Owner of the other Property to prosecute any proceedings at law or in equity against the person or persons violating such Agreement, and either to prevent him or her from so doing or to recover damages for such violation, or both. 8. Full Force and Effect. This Agreement may be amended or modified only upon the written consent of all Owners. This Agreement supersedes any and all access easements previously recorded against the Lots. 9. No Joint Venture. Nothing contained in this Agreement shall be construed to make the parties hereto, or their successors and assigns, partners or joint venturers or to render any of said parties liable for the debts or obligations of the other, except as this Agreement expressly provides. 10. Headings. The section and any subsection headings herein are for convenience and reference only and in no way define or limit the scope and content of this Agreement or in any way affect its provisions. 11. Esto�el Certificates. Upon request of either party hereto, the other party shall execute and deliver from time to time, a certificate confirming, if such then be the fact, that this Agreement then continues in full force and effect and unmodified (or, if modified, stating the modifications), and that the certifying party knows of no existing defaults by the other party, or if such default is known, specifying the same. 12. Notices. Any notice, request, demand, approval or consent given or required to be given under this Agreement, shall be in writing and shall be deemed as having been given when mailed by United States registered or certified mail, postage prepaid, to the other party, or to their successors or assigns, at the addresses stated below or at the last changed address given by the party to be notified as hereinafter specified: To Owner of Mid-Country Property: Mid-Country Trading, LLC P.O. Box 139 Grand Island,NE 68802-0139 To Owner of Breslin Property: Breslin Grand Island Associates Attention: Wilbur F. Breslin 500 Old Country Road Garden City,NY 11530 13. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective assigns and shall run with the land. 14. Lender Consent and Subordination. NBC hereby consents to the easements and restrictians placed against the Properties under the terms of this Agreement. The parties hereby agree that the Debt Instruments shall be subject and subordinate to this Agreement as it affects the Properties as fully and as if this Agreement had been executed, delivered and recorded prior to the execution and recordation of the Debt Instruments. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed the day and year first written above. 3