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~I-il(t~4~~! Gardens Addition, consistent with the requirements of the Sub= division Agreements and Declaration of Restrictive Covenants.. 10. Al:l of-the covenants, agreements, conditions and re- strictions set fo;-`~~ in this document are intended- to b,~ ate' shall be construed as covenants running with the- land,~bi:nding upon, inuring to the benefit of and enforceable by each of the parties hereto and all subsequent record owaers of the lazed to which they apply and to their respective lessees and sublessees. - 11. Nothing contained in this Agreement shall be construed to make the .parties, partners or joint venturers or to render any of the garties liable for the debts or obligations of the others. i2. No delay or omission by either of the parties hereto in exercising any right or power accruing upon the non-compliance or failure of performance by any other party under the provisions of this Agreement shall impair any such right or Bower or be con- strued to be a waiver thereof, A waiver by any of the parties hereto of any o€ the covenants, conditions or agreements hereof to be performed by arsy other party shall not be construed to be a waiver of any subsequent breach thereof or of any other covenant, condition or agreement herein contained. 13, This Agreement does not constitute a dedicating for public use, and no person other than as specifically set forth herein is intended to be benefited hereby. Any uses allowed hereby by any personb who are not party to this Agreement or privy to theca by express contract shall be construed as per- missive uses only. 14. Any alteration, chsnge or modification of this Agree- ment, in order to become effective, sha12 be made by written instrument and, in each instance, executed on behalf of each party hereto. 1S. This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska. 15, if any provision of this Agreement or the application thereof, to atsy party or circumstance shall to any extent be invalid or unenforeabie, the remainder of this Agreement shall be valid and enforceable to the fullest extend permitted by law. This Agreement and the easements, covenants, conditions and restrictions herein set forth shall inure to the benefit of and tte binding upon the parties hereto and whaosoever may succeed to their interests in the land affected by this Agreement and to ~somsoever may claim by or through them as lessees or sublessees. Xf amy record owner of land situated within the real estate shall sell a portion or all of suds land to which he holds fee title, shah record owner shall ttsereu?±~n be released and discharged from any and ail further obligations under this Agreement as such owner in connection with the land so sold; and the-new record o~aer thereof shall be deemed by reason of having acquired, title to such land. to have assumed all covenants and obligations re- latexl thereto which this ?~greesaent imposes upon the record owner ref suds land during his ownership thereof. 17. The breach of any of the covenants, agreements, candi- t~tssss or restrictions amt forth in this Agreement sha13 not defeat or affect or render invalid the lien of any mortgage or d of tract made or entered at any time in good faith and for v+R3usai but,. suds covenant, agreement, condition or restriction sha31 b~, binditsg u~>on axul effective against any record ow»ex of rt3-