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99109581
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Last modified
3/13/2012 7:32:01 PM
Creation date
10/21/2005 12:53:15 AM
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DEEDS
Inst Number
99109581
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` 99 1095 �1 <br /> provided, the aggrieved party may declare this contract at an end, <br /> sue for specific performance, or take such other action as such <br /> party may desire to enforce same at his option. In the event of <br /> any such default, interest shall accrue on the balance of the <br /> contract at sixteen percent (16%) per annum. <br /> 15. POSSIBLE LIQUIDATED DAMAGES. The parties hereto agree that if <br /> Buyer, after acceptance hereof and satisfaction of all conditions <br /> herein, fails or neglects to complete the contract according to the <br /> terms and conditions herein stated, then at his option Seller may: <br /> (a) elect to retain the deposit as liquidated damages and rescind <br /> the contract, which election shall then constitute Seller' s sole <br /> and exclusive remedy hereunder, or (b) retain the deposit and bring <br /> an action for the balance of the purchase price, or (c) pursue any <br /> other remedy available in law or equity. <br /> 16. BINDING EFFECT; BENEFITS. This Agreement shall be binding <br /> upon and shall inure to the benefit of the parties hereto and their <br /> respective successors and assigns . Notwithstanding anything <br /> contained in this Agreement to the contrary, nothing in this <br /> Agreement, expressed or implied, is intended to confer on any <br /> person other than the parties hereto or their respective successors <br /> and assigns any right, remedy obligation, or liability under or by <br /> reason of this Agreement. <br /> 17 . COUNTERPARTS. This Agreement may be executed in any number of <br /> counterparts, each of which shall be deemed an original but all of <br /> which shall constitute one and the same instrument. <br /> 18 . FURTHER ASSURANCES. Each of the parties hereto, without <br /> further consideration, agrees to execute and deliver such other <br /> documents and take such other action, whether prior to or <br /> subsequent to Closing, as may be necessary to more effectively <br /> consummate the intent and purpose of this Agreement. <br /> 19. GOVERNING LAW. This Agreement shall be governed by and <br /> construed in accordance with the laws of the State of Nebraska. <br /> 20 . SEVERABILITY. If for any reason whatsoever, any one or more <br /> of the provisions of this Agreement shall be held or deemed to be <br /> inoperative, unenforceable, or invalid as applied to any particular <br /> case or in all cases, such circumstances shall not have the effect <br /> of rendering such provision invalid in any other case or of <br /> rendering any of the other provisions of this Agreement <br /> inoperative, unenforceable, or invalid. <br /> 21 . SURVIVAL AND NONMERGER. All terms, conditions, <br /> representations, and warranties contained in this Agreement shall <br /> survive the execution hereof and the Closing hereunder, including, <br /> but not limited to, the execution and delivery of any deed related <br /> 7 <br />
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