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LA -2 - -_. Account /Well. Number 11024 -2 fJ ---t3� VI Tfte''uti� "co struction charge under this Agreement shall be $' None Outer may elect to pay the construction charge in full at the signing of the . Agreement or may elect to pay the construction charge in five (5) equal annual installments. In this case the first installment shall be in the amount of $ signing of this Agreement, with the remaining installments to be billed payable at the April 1st each year until the construction charge has been approximately S paid in full. VII This Agreement shall become effective upon execution and shall continue for a pri- mary term of five (5) years from _ April , 19 85 year (referred to as the y earl term" and thereafter from year to (90) days written notice before the expiration ofrthea primary etermroraany giving ninety thereafter. If Owner wishes to terminate this Agreement during he y yearly term g specifically agreed the Owner will pay the District the amount designated rundermthe mini- mum bill provision of the appropriate irrigation rate schedule and shall pay any remain- ing annual construction installments for the remaining years of the primary term. This provision may be waived providing the succeeding Owner executes a new Irrigation Electric Power Service Agreement for the remaining term of the original Agreement. VIII If District shall be wholly or partially prevented from delivering electric ser- vice contracted for under this Agreement, or if the service shall be interrupted, or if the Owner under this Agreement shall be prevented from receiving, using and applying the electric service by reason of or through strikes, stoppage of labor, riots, fire, flood, invasion, insurrection, accident, the order of any court, judge or civil authority, Act of God, or any cause reasonably beyond the District's control and not attributable to District's negligence, the District shall not be obligated to deliver electric service under this Agreement during such period, and shall not be liable for any damage or loss resulting from the interruption or suspension of electric service. District shall have the right to suspend temporarily the delivery of electric service under this Agreement for the purpose of making repairs or improvements of the District's electric distri- bution system. IX The Owner agrees this Agreement may be filed in the office of the County Clerk or the office of the Register of Deeds in the county where the real estate described in the foregoing part of this Agreement is situated. The filing of this Agreement of Record in the office of the County Clerk or the Register of Deeds in the county where the real es- tate is situated shall cause this Agreement to constitute and to be construed and legally treated as a real estate mortgage on the real estate. If default is made in the payment of the charges to be paid by the Owner for electric energy supplied by the District or for the construction charge, the District shall have the right to foreclose upon this Agreement in the manner and form provided for the foreclosure of real estate mortgages under the statutes of the State of Nebraska. District and Owner intend, by this para- graph of the Agreement, for Owner to create a contractual equitable lien upon the real estate for the charges to be paid by Owner to District under this Agreement. Even though this Agreement creates a contractual equitable lien upon the real estate of Owner for securing the payment of the charges to be paid by Owner to District under this Agreement, this Agreement shall not be construed as a waiver by District of the right to assert any statutory lien that may be available to District for securing the payment of the charges required to be paid by Owner under this Agreement. If more than one individual person is an Owner under this Agreement, the individual persons executing this Agreement as an Owner are jointly and severally liable on all obligations of Owner under this Agreement. XI This Agreement is binding upon the District and its successor or successors and assigns and upon Owner and Tenant and their respective heirs; devisees, personal repre- sentatives and assigns, (if assignment is permitted by District), if Owner and Tenant 9 7