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`00502514 10.7 Time. Except as otherwise provided in this Declaration, time is of the essence. 10.8 Estoppel Certificate. The Owner of any Parcel shall, from time to time upon not less than twenty (20) days written notice from any other Owner, execute and deliver to such other Owner a certificate in recordable form stating that this Declaration is unmodified and in full force and effect or if modified, indicating the modifications, and stating whether or not, to the best of its knowledge, any Owner is in default under the Declaration and if so, specifying such default. 10.9 Notice of Default to Mortgage. Any Owner serving notice of default under this Declaration shall provide written notice of such default in the manner permitted in this Declaration to any holder of any mortgage or beneficiary under any mortgage or deed of trust covering the Property of the Owner allegedly in default provided such holder or beneficiary shall have provided the Owner responsible for serving such notice of default a written notice informing it of the existence of such mortgage or deed of trust and the address to which notices of default are to be sent. 10.10 Merger. This Declaration and the easements and rights created herein shall not be subject to the Doctrine of Merger. 10.11 Binding Effect. The provisions of this Declaration will be binding on the Owners of the Properties and their respective successors, assigns, heirs, personal representatives, mortgagees, and beneficiaries under deeds of trust to the extent herein provided. 10.12 Declarant's Consent. In the event Declarant does not respond to Owner's written requests for approvals or consents of Declarant as required by this Declaration, within thirty (30) days of the effective date of delivery to Declarant of such Owner's written request, such request shall be deemed approved. Dated: March I � , 2005. DECLARANT: ALLEN PHASE III LLC, a Nebraska limited liability company By: r 4, -,a a Robert M. Allen, Manager W