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<br />200610447
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<br />;L GENERAL.
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<br />3.1 No Implied Waiver. No failure by Grantor to insist upon the strict performance of
<br />any Restriction contained in this Deed, no failure by Grantor to exercise any right or remedy
<br />under this Deed, and no acceptance of full or partial payment during the continuance of any
<br />Default by Grantee, shall constitute a waiver of any such Restriction or waiver of any such right
<br />or remedy or a waiver of any such Default by Grantee.
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<br />3.2 No Liabilitv for Plans. Grantor shall not be liable for any damage, loss or
<br />prejudice incurred or claimed by Grantee or any other person or party on account of the
<br />acceptance or rejection of the Site Plan.
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<br />3.3 Notices. All notices, consents or other instruments or communications provided
<br />for under this Deed, including, but not limited to, any notice of a Default by Grantee, shall be in
<br />writing, signed by the party giving the same and shall be deemed properly given and received
<br />when actually delivered and received, for next business day delivery by reputable overnight
<br />courier, by facsimile copy with printed confirmation of receipt thereof: or three (3) business days
<br />after mailed, if sent by registered or certified mail, postage prepaid, addressed to the party to
<br />receive the notice, at the address set forth for the party in the first paragraph of this Deed, or at
<br />such other address as either party may notify the other of in writing, with a copy, in the case of
<br />notices to LottnerRubinFishmanBrown+Saul, P.C., 633 1 ih Street, Suite 2700, Denver,
<br />Colorado 80202, Attn: Janet E. Perlstein, Esq. Any notice, consent or other instruments or
<br />communications, including, but not limited to, any notice of a Default by Grantee, sent to
<br />Grantee shall also be, at Grantee's request or the lender's request, sent to any lender with an
<br />interest in the Property at the address provided by notice to Grantor.
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<br />3.4 No Oral Amendment or Modifications. No amendments, waivers or modifi-
<br />cations of the terms and provisions contained in this Deed, and no acceptances, consents or
<br />waivers by Grantor under this Deed, shall be valid or binding unless in writing and executed by
<br />the party to be bound thereby. Any covenant, condition or restriction contained in this Deed may
<br />be terminated, extended, modified or amended, as to the whole of the Property or any portion
<br />thereof, only by the written consent of Grantor and the then owner(s) of the Property. No such
<br />termination, extension, modification or amendment shall be effective unless and until a proper
<br />instrument in writing has been executed and recorded in the real property records of the County
<br />of Hall, Nebraska.
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<br />3.5 Severability. If any proVISIon of this Deed shall be held invalid, illegal or
<br />unenforceable, it shall not affect or impair the validity, legality or enforceability of any other
<br />provision of this Deed, and there shall be substituted for the affected provision a valid and
<br />enforceable provision as similar as possible to the affected provision.
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<br />3.6 Binding Effect. This Deed shall be binding upon and inure to the benefit of the
<br />parties hereto and their respective successors and assigns. The Restrictions contained in this
<br />Deed shall be construed as covenants running with the Property, and every person who now or
<br />hereafter owns or acquires any right, titlc,estate or interest in or to the Property is and shall be
<br />conclusively deemed to have consented and to have agreed to every Restriction contained in this
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<br />(31858. [8.11/17/2006 [0 [4 AM.JEPEA0227626.DOC;2l 7
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