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200901644 provide mortgage financing for any portion of the Windridge I Parcel and the Windridge II Parcel (collectively, the "Lenders"). Each Party shall provide notice of any defaults hereunder to the Lenders and the Lenders shall then have 30 days to cure such default(s) prior to the tiling of any liens or taking of any enforcement action hereunder. To the extent Nebraska Fund XIII, L.P., its successors and/or assigns ("EFN") is then an equity investor in Windridge I and/or Windridge II, Windridge I and/or Windridge II shall provide notice of any defaults hereunder to Nebraska Fund XIII, L.P. at 13520 California St., Suite 250, Omaha, NE 68154, with a copy to Midwest Housing Equity Group, Inc. 13520 California St., Suite 250, Omaha, NE 68154, and EFN shall have 30 days to cure such default(s) prior to the filing of any liens or taking any enforcement action hereunder. Section 8, Zoning Compliance. The Parties acknowledge and agree that (a) the improvements contemplated by this Agreement and site layout of the Complex have been approved by the City of Grand Island, Nebraska in the proposed location, number and configuration shown on the Survey and Windridge II Survey, and (b) no Party shall change the location or number of improvements or the configuration of the site layout of the Complex without tirst obtaining the prior written consent of the applicable authorities at the City of Grand Island, Nebraska, the Lenders, EFN (to the extent it is still an equity investor in Windridgc I and/or Windridge II or any successors thereof) and the other party to the Agreement. Any change to the improvements or site layout of the Complex shall be null and void to the extent such ch;u,-ge violates applicabll.': governmental rules, ordinances or regulations, including, without limitation, any zoning approvals, variances or regulation',;, Section 9, Default. Failure to comply with the terms, conditions and obligations of the Agreement shall be deemed a default hereunder. A default which continues for more than 30 days after the date of written notice to the defaulting Party of such default shall constitute an Fvent of Default. Upon an Event of Default, the nondefaulting Party shall be entitled to (a) perform such obligations as are necessary to comply with the terms and conditions of the Agreement, (b) expend such funds as are reasonably necessary to perform such obligations, and (c) submit an immediate invoice to the defaulting Party for the reasonably expended funds, which shall be due and payable within 10 days of the date of notice of the invoiced bill. Any invoked amount whieh is not paid in a timely manner shall accrue interest at the rate of 12% per annum, retroactive to the date of invoice. If the defaulting Party fails to pay such invoiced amount to the nondefaulting Party within such I O-day period, the nondefaulting Party shall have the right to tile a lien against the defaulting Party's property in accordance with Nebraska law. Section 10, Miscellaneous. (a) This Agreement shall be binding upon and shall inure to the benefit of the owners of the Windridge II Parcel and the Windridge I Parcel and their respective heirs, successors and assigns. In the event any provision hereof is held to be invalid and unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of any other provisions hereof. 'rhis Agreement may only be modified in writing. This Agreement shall be construed, governed and interpreted in accordance with the laws of the State of Nebraska. If any Party undertakes legal action to enforce any right or remedy under this