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200311630 drainage lines and system; and other utility lines and systems hereafter developed to serve the Jacobsen property; provided, however, that all pipes, wires, lines, conduits, mains, sewers, systems and related equipment (hereafter called "Utility Facilities ") will be installed underground or otherwise enclosed and will be installed, operated and maintained in a manner which will not unreasonably interfere with the use of the real estate owned by the Mall or improvements thereon. All costs of connection, maintenance, repair, replacement or removal shall be borne by Jacobsen, including but not limited to any replacement of concrete or asphalt surfacing. Jacobsen can relocate any Utility Facilities from time to time upon the condition that: 1. Such right of relocation will be exercisable only after thirty (30) days prior written notice to all the owners using the Utilities Facilities to be relocated; 2. Such relocation will not unreasonably interrupt any utility service to the improvements located on the real estate of the Mall; 3. Such relocation will not reduce or unreasonably impair the usefulness or function of the Utility Facilities to be relocated; and 4. All costs of relocation will be borne by the owner relocating the Utility Facilities, including but not limited to any replacement of concrete or asphalt surfacing. 3. Each and all the easements and rights granted or created herein are appurtenances to the affected real estate. None of the easements and rights may be transferred, assigned or encumbered, except as appurtenances to such real estate. Easements and the provisions of this Agreement shall be of perpetual duration. This Agreement or any easement obtained herein may be terminated, extended or amended as to the real estate only by the recording of the appropriate document in the Office of the Register of Deeds of Hall County, Nebraska, which document must be executed by all of the owners and mortgagees and other holders of recording interested affected thereby as of the date of such document of the affected real estate. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. No waiver of any breach of any of the easements contained shall be construed as or constitute a waiver of any other breach, or a waiver, acquiescence in or consent to any further or succeeding breach of the same or any other covenant and /or agreement. 4. If any term or provision of this Agreement shall, to any extent, be held invalid or unenforceable, the remaining terms and provisions of this Agreement shall not be affected thereby, but each remaining term and provision shall be valid and enforced to the fullest extent permitted by law. 5. This Agreement shall be construed and enforced in accordance with the laws of the State of Nebraska. All notices under this Agreement shall be effective if mailed by 2