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2003161].1 17.4 No Partnership. Nothing contained in this Declaration and no action by the Owner of any Parcel will be deemed or construed by any Owner or by any third person to create the relationship of principal and agent, or a partnership, or a joint venture, or any association between or among any of the Owners of any of the Parcels. 17.5 Severability. If any provision of this Declaration is, to any extent, declared by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Declaration (or the application of such provision to persons or circumstances other than those in respect of which the determination of invalidity or unenforceability was made) will not be affected thereby and each provision of this Declaration will be valid and enforceable to the fullest extent permitted by law. 17.6 Governing Law. This Declaration will be construed in accordance with the laws of the State of Nebraska. 17.7 Captions. The captions of the paragraphs of this Declaration are for convenience only and are not intended to affect the interpretation or construction of the provisions herein contained. 17.8 Time. Except as otherwise provided by this Declaration, time is of the essence. 17.9 Estoppel Certificate. Not more often than two (2) times each calendar year, 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. 17.10 Notice of Default to Mortgagee. Any Owner served 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 deed of trust covering the Parcel of the Owner allegedly in default provided such holder or mortgagee 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. 17.11 Merger. This Declaration and the easements and rights created herein shall not be subject to the doctrine of merger. In