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200510142 courier, by facsimile copy with printed confirmation of receipt thereof, or three (3) business days after mailed, if sent by registered or certified mail, postage prepaid, addressed to the party to receive the notice, at the address set forth for the party in the first paragraph of this Deed, or at such other address as either party may notify the other of in writing, with a copy, in the case of notices to LottnerRubinFishmanBrown+Saul, P.C., 633 1 ih Street, Suite 2700, Denver, Colorado 80202, Attn: Janet E. Perlstein, Esq. Any notice, consent or other instruments or communications, including, but not limited to, any notice of a Default by Grantee, sent to Grantee shall also be, at Grantee's request or the lender's request, sent to any lender with an interest in the Property at the address provided by notice to Grantor. 3.4 No Oral Amendment or Modifications. No amendments, waivers or modifi- cations of the terms and provisions contained in this Deed, and no acceptances, consents or waivers by Grantor under this Deed, shall be valid or binding unless in writing and executed by the party to be bound thereby. Any covenant, condition or restriction contained in this Deed may be terminated, extended, modified or amended, as to the whole of the Property or any portion thereof, only by the written consent of Grantor and the then owner(s) of the Property. No such termination, extension, modification or amendment shall be effective unless and until a proper instrument in writing has been executed and recorded in the real property records of the County of Hall, Nebraska. 3.5 Severability. If any provision of this Deed shall be held invalid, illegal or unenforceable, it shall not affect or impair the validity, legality or enforceability of any other provision of this Deed, and there shall be substituted for the affected provision a valid and enforceable provision as similar as possible to the affected provision. 3.6 Binding Effect. This Deed shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. The Restrictions contained in this Deed shall be construed as covenants running with the Property, and every person who now or hereafter owns or acquires any right, title, estate or interest in or to the Property is and shall be conclusively deemed to have consented and to have agreed to every Restriction contained in this Deed, whether or not any reference to the Restrictions is contained in the instrument by which such person acquires an interest in the Property. 3.7 Captions for Convenience. All headings and captions used herein are for convenience only and are of no meaning in the interpretation or effect of this Deed. 3.8 Applicable Law. This Deed shall be interpreted and enforced according to the laws of the State of Nebraska. 3.9 Exhibits Incorporated. All exhibits to this Deed are incorporated herein and made a part hereof as if fully set forth herein. 3.10 Time of the Essence. Time is of the essence with respect to performance required under this Deed. {31858.2.1011012005 10:00 AM.RFlSCHER.A0208687.DOC;4} 7