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200801983
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Last modified
3/11/2008 7:35:50 AM
Creation date
3/11/2008 7:35:49 AM
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DEEDS
Inst Number
200801983
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<br />200801983 <br /> <br />given. Notices shall be addressed as shown below or to such other address as may <br />be specified from time to time in writing by either party: <br /> <br />To Developer: <br /> <br />Allen Phase III LLC <br />1115 West 2nd Street <br />P.O. Box 987 <br />Hastings, Nebraska 68902 <br />Attention: Robert M. Allen <br /> <br />To Owner: <br /> <br />Brian 1. McMahon and Lori A. McMahon <br />P.O. Box 2431 <br />Grand island, Nebraska 68802 <br /> <br />B. The provisions of this Agreement are not intended to create, nor shall they <br />in any way be interpreted to create, a joint venture, a partnership, or any other similar <br />relationship between the parties. <br /> <br />C. The captions heading the various sections of this Agreement are <br />for convenience and identification only, and shall not be deemed to limit or define <br />the contents of their respective sections. <br /> <br />D. This Agreement, and all of its exhibits and incorporated <br />documents, constitutes the entire integrated agreement between Owner and <br />Developer relating to the items described herein, and supersedes all prior <br />negotiations, representations, understandings and agreements, either written or <br />oral. <br /> <br />E. This Agreement shall be interpreted according to Nebraska law. <br />The invalidity of any provision of this Agreement shall not affect the remaining <br />provisions. One or more waivers of a default shall not be deemed a waiver of a <br />later default. <br /> <br />F. In the event Developer does not respond to Owner's written <br />requests for approvals or consents of Developer as required by this Agreement, <br />within thirty (30) days of the effective date of delivery to Developer of such <br />Owner's written request, such request shall be deemed approved. <br /> <br />G. This Agreement shall be binding on and inure to the benefit of the <br />Parties and their successors and assigns. The obligations of Owner under this <br />Agreement shall be deemed covenants running with the land and shall bind the <br />Property, and every owner acquiring an interest in the Property, in perpetuity. <br />The Owner acknowledges that the execution and delivery ofthis Agreement was a <br />material inducement to and consideration for Developer's conveyance of the <br />Property to Owner. <br /> <br />6 <br />
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