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200611329 (d) Have legal power and lawful authority to convey the Water Rights and grant the covenants and easements contained herein; and (e) Warrant and will defend title to the Water Rights and easements described herein against the lawful claims of all persons except as may be herein stated. 4. REMEDIES FOR VIOLATIONS. Upon a violation or breach of any of the grants, covenants and easements set forth herein, the Grantee or any Beneficiary or their respective successors and assigns, shall have the right to proceed at law or in equity to compel compliance with the terms hereof or to prevent the violation or breach of any ofthem. 5. DEED AND DECLARATION SHALL CONTINUE NOTWITHSTANDING BREACH. It is expressly agreed that no breach of this Deed and Declaration shall (i) entitle any party to cancel, rescind or, otherwise terminate this Deed and Declaration, or (ii) defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value. However, such limitation shall not affect in any manner any other rights or remedies which a party may have hereunder by reason of any such breach. 6. RULE AGAINST PERPETUITIES. In the event the provisions hereunder are declared void by a court of competent jurisdiction by reason of the period of time herein stated for which the same shall be effective being contrary to applicable law or prohibited by the "rule against perpetuities" or any similar law, then in that event only the term hereof shall be reduced to the maximum period of time which docs not violate such law or the rule against perpetuities as set forth in the laws of the State of Nebraska. 7. WAIVER. No delay or omission in exercising any rights, power or remedy herein provided, in the event of any breach of the grants, covenants and easements herein contained, shall be construed as a waiver thereof or acquiescence therein. 8. SEVERABILITY. In the event anyone or more of the foregoing grants, covenants and easements is declared for any reason by a court of competent jurisdiction to be null and void, the judgment or decree shall not in any manner whatsoever affect, modify, change, abrogate or nullify any of the other grants, covenants and easements not specifically declared to be void or unenforceable, but all of the remaining grants, covenants and easements not expressly held to be void or unenforceable shall continue unimpaired and in full force and effect. 9. BENEFICIARIES. These grants, covenants and easements arc made for the benefit of Grantee and the Beneficiaries. Such persons are specifically given the right to enforce these grants, covenants and easements by injunction or other legal or equitable procedure, and to recover damages resulting from any violation thereof, including the cost of enforcing the same, which costs shall include court costs and reasonable attorneys' fees as permitted by law. 4