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200605157 the nature of the violations. Failure to deliver such statement within such fifteen (15) day period shall be conclusive evidence that the requesting party has fully complied with the provisions hereof as of the date the request was made. 7. Right to Encumber. Each fee owner of any of the Property shall, at all times during the term of this Easement, have the right to mortgage or encumber that portion of the Property which it owns, as well as all of its right, title and interest hereunder in favor of and as additional security to the holder of such mortgage or deed of trust, provided that this Easement shall not be impaired by any foreclosure or deed in lieu of foreclosure of such security interest. 8. No Merger. Notwithstanding that Declarant currently holds title to the Property and with respect to the Easement which Declarant has herein declared, created, reserved and granted for the benefit the Property and the successors in interest to said Property for access purposes, any such commonality of interest shall not result in or cause any merger, extinguishment or termination, in whole or in part, of any provisions of this Easement, it being intended by Declarant, for the benefit of the Property, that the terms of this Easement not be merged by virtue of common ownership interests to any extent, but instead that such terms be and remain in full force and effect upon and following the making and recording of this Easement. 9. Remedies. In the event any person commences any action or proceeding against any other person in order to enforce the provisions hereof, such person's remedies shall be limited to injunctive relief and damages for the alleged breach of any of the provisions hereof, and neither party shall have the right to terminate this Easement. In the event a party fails to pay its share of the maintenance costs within thirty (30) days after delivery of an invoice therefor, the party to whom such payment is owed shall have the right to file a lien against the property of the non-paying owner, and foreclose such lien in the same manner as mechanic's liens are foreclosed. In addition, the amounts owed shall accrue interest at the prime rate, as published from time to time in The Wall Street Journal, Midwest Edition, plus five (5) percent, from the date such expense was incurred until it is paid by the non-paying owner. The prevailing party in any such action shall be entitled to recover, in addition to any amounts or relief otherwise awarded, all reasonable costs incurred in connection therewith, including reasonable attorneys' fees. 10. Nebraska. Governing Law. This Easement shall be governed by the laws of the State of 11. Amendment. The provisions of this Easement may be terminated abrogated, modified, rescinded or amended in whole or in part only by the then current owners of the Property by written instrument, duly executed and recorded in the real property records of the County of Rall, Nebraska. {31858.4.5/22/20~ 10:57 AM.JEPE.A0223863.DOC;4} 3