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<br />ARTICLE' `POEJR <br />- i~eg~l Effect--and Enforcement <br />All-the.COVenants, agreements; conditions and restrictions-set <br />forth in- this s~~xreemerat are: ,irt~nd~d to tse -and- shah b2 eonsti~ed as . <br />covenants rutinzng with rile I:and, binding upon,-inuring to the benefit <br />of and eniorceatsle bp;the ~eclatant and by all subsequent record - <br />owners of the Land includQd within the Real Estate and of Lot ?rwo {Z} <br />of the- said-Blau Y7%ne ¢q}, as well as by their resgective Iessees <br />and sukalesses. <br />The provisions of this Declaration may be enforced by any <br />proceeding at law ar in equity allowable under the com~aeFn iaiS c-,r any <br />statute of t?~e State of Nebraska. <br />ARTICLE =IVE <br />General ~reement <br />1. Nothing contained in this Declaration shall be construed to <br />:nak.e the record owners or their lessees partners or joint venturers <br />or to render-any of said parties liable far the debts or obligatozis <br />of the others.- <br />Z. No delay or omission by any of the recorr owners os their <br />lessees in exercising any right or power accruinca .pon the Wort- <br />etimplianee or failure of performance by anl,° other record Darner or <br />his lessee under the provisions of this Declaration shall impinge=-any <br />such right or power or be construed to be a wai~rer thereof, A waav~r <br />iiy -any of the ~*sterestede patties of any of t'rae covenants; et}nGfiti£S~1S; <br />or agreements herein contained to be performed cy cry other party <br />shall not be construed to be a waiver of any subsequent breach the-roof <br />or of any-other covenant, condition, restriction cr agreement herein <br />:contained.. <br />3. This ;Agreement does rant constitute a dedicating for a pyblic <br />use and, except as a permissive-user, no person shall hereb}~ acquire <br />any right, title, claim or interest ia-, or tc the property of any ether <br />oarty. <br />4. If any provision of this Declaration or the applicati©n <br />thereof. to any person or circumstance shall to any extent be invaiia <br />or unforceable, the remainder of this Declaration shall continue to <br />bs valid- and enforcea'ole to the fullest extent per,~aittad ~y la+w. <br />5. -This Agreement and the easements, covenants, conditions and <br />restrictions herein set forth shall inure to the benefit of and be <br />binding. upon the Declarant and whcamsoever may succeed-to-.the <br />Declarant's interests in the Real Estate. If -any record c~wrser of <br />land situated: within-.the said Itea3 Estate shalt self. such-land sacra <br />record aswiiei~ shall thereupon be released and discharged frcim any and <br />a21 further:ohiiclatior>s under this Declaration as such owner in <br />connection +a%th t-ha land so s+sld; and the new record owner thereof <br />shall be deemed. by reason of having acquired title tts such Land to <br />have ass+amed all-covenants and oYalgations related thereto which- this <br />Agreement imposes upon the record :owner of such-land during his-owner- <br />Sfilr] thy'-roof. ~ - - - - - - --. - - - - - - - - <br />