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200905599 <br />18. Miscellaneous. <br />a. Governing Law. This Lease shall be governed by and construed in accordance with <br />the laws of the State of Nebraska. <br />b. Severability, If any term or provision of this Lease or the application thereof to any <br />person or circumstances shall to any extent be invalid or unenforceable, the <br />remainder of this Lease or the application of such term ar provision to persons or <br />circumstances other than those as to which it is held invalid or unenforceable shall <br />not be affected thereby, and each term and provision of this Lease shall be valid and <br />enforced to the fullest extent permitted bylaw. <br />c. Entire A eement• Amendment. This Lease contains the entire understanding of the <br />parties hereto with respect to the transactions contemplated hereby and supersedes all <br />prior agreements and understandings between the parties with respect to such subject <br />matter. This Lease shall nat be amended or modified in any way except by a written <br />instrument executed by Lessors and Lessee. <br />d. Headings. Headings of sections of this Lease are for convenience of reference only <br />and do not form a part hereof and do not in any way modify, interpret or construe the <br />intentions of the parties. <br />e. Waivers. No waiver of any breach of any warranty, representation, covenant or other <br />term or provision of this Agreement shall be deemed to be a waiver of any preceding <br />or succeeding breach of the same or any other warranty, representation, covenantor <br />other term or provision of this Agreement. No such waiver shall be effective unless in <br />writing and signed by the Party affecting the waiver. <br />f. Memorandum of Lease. At the request of any Party, a Memorandum of Lease, <br />suitable far recording in the Office of the Register of Deeds of the Hall County, <br />Nebraska, describing the Leased Premises, the Commencement Date, and the Term <br />shall be executed by the Parties and recorded in the office of the Register of Deeds of <br />Hall County, Nebraska. <br />g. Bindin Effect' Benefits. This Lease shall be binding upon and shall inure to the <br />benefit of the parties hereto and their respective successors and permitted assigns. <br />Notwithstanding anything contained in this Lease to the contrary, nothing in this <br />Lease, expressed or implied, is intended to confer on any person other than the <br />Parties hereto and Wells Fargo or their respective successors and permitted assigns <br />any right, remedy, obligation, or liability under or by reason of this Lease. <br />h. Time of Essence. Time is hereby declared to be an essential element to the <br />performance of each and every one and all ofthe terms, covenants, and conditions to <br />be kept, observed, or performed under this Lease. <br />-21- <br />