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<br />200801582 <br /> <br />Agreement other than as stated herein, and there are no related collateral agreements existing <br />between the Parties that are not referenced herein. This Agreement shall be filed of record. <br /> <br />14. Severability. In the event any term or provision of this Agreement is determined <br />by an appropriate judicial authority to be illegal, invalid or unenforceable for any reason, such <br />illegality, invalidity or unenforceability shall not affect the remaining provisions of this <br />Agreement, and this Agreement shall be construed and enforced as if such illegal, invalid or <br />unenforceable provision had never been inserted herein. <br /> <br />15. Headings. The section or paragraph headings shown in this Agreement are for <br />convenience of reference only and shall not be held to explain, modify, simply or aid in the <br />interpretation, construction or meaning of the provisions of this Agreement. <br /> <br />16. Notice. All notices, demands and requests (collectively, the "Notice") required or <br />permitted to be given under this Agreement must be in writing and shall be deemed to have been <br />given as of the date such Notice is (i) delivered to the party intended, (ii) delivered to the then <br />current address of the party intended, or (iii) rejected at the then current address of the party <br />intended, provided such Notice was sent prepaid. Upon at least ten (10) days prior written <br />notice, each party shall have the right to change its address to any other address within the <br />United States of America. The initial address of the Parties shall be: <br /> <br />Owner: Highway Motels of Nebraska, Inc. <br />Five Points Bank <br />2015 North Broadwell <br />Grand Island, Nebraska 68802 <br />Attention: William W. Marshall, III <br /> <br />Developer: Allen Phase III LLC <br />P.O. Box 987 <br />1115 West 2nd Street <br />Hastings, Nebraska 68902-0987 <br />Attention: Robert M. Allen <br /> <br />17. Counterparts. This Agreement may be signed in counterparts, anyone of which <br />shall be deemed to be an original, and which, when taken together, shall constitute one and the <br />same instrument. <br /> <br />In witness whereof, Owner and Developer have caused this Developer Repurchase <br />Agreement to be executed effective as of the day and year above referenced. <br /> <br />[THE BALANCE OF THIS PACE LEFT INTENTIONALLY BLANK <br />- SIGNATURES APPEAR ON THE FOLLOWING PAGE] <br /> <br />4 <br />