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, \ 200801577 8. Legal Effect. The easements and covenants contained in this Agreement (a) constitute covenants running with the land; (b) bind the record owner of Lot 2 and its respective successors and assigns; and (c) will inure to the benefit of the Permittees. 9. Amendment and Termination. This Declaration may be terminated, modified or amended only by the written consent and agreement of the Grantor and the record owner of Lot 2, or their successors and assigns. Any such modification or amendment shall be effective when duly recorded in the office of the Register of Deeds for Hall County, Nebraska. 10. of merger. Merger. The easements and rights created herein shall not be subject to the doctrine 11. Miscellaneous. The invalidity of any provision of this Declaration shall not affect the remaining provisions. This Declaration shall be interpreted according to Nebraska law. 12. Entire Agreement. This Declaration and the exhibits attached hereto contain the entire agreement between the parties hereto with respect to the subject matter hereof. Any prior correspondence, memoranda or agreements are superseded in total by this Declaration and exhibits hereto. 13. Construction. The provisions of this Declaration sha1l be construed as a whole according to their common meaning and not strictly for or against any party hereto. IN WITNESS WHEREOF, the Grantor has executed this Declaration as of the date first written above. ALLEN PHASE III LLC, a Nebraska limited limited liability company By: 12 jJpJ}s(l~ (fJt) Robert M. Allen, Manager STATE OF NEBRASKA ) ) ss. COUNTY OF ADAMS ) The foregoing instrument was acknowledged before me this20th day of February, 2008, by Robert M. Allen, Manager of A1len Phase III LLC, a Nebraska limited liability company, on behalf of the limited liability company. ./) ~L1J, ~ Notary Public [d, ,', GENmAL NOT/"RY ., St8.te 01 Nebr2Sk:;'ll ':'!1: CHRiSTINE M. GUEST t:.;:::~~S.~:::~~L(;O!'~'t!";, f~~~~ I!Ui;;; 1 rJ, ?GQ9 _ 3