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2oioo2o4~ <br />To Developer: Allen 281 LLC <br />1115 West 2"d Street <br />P.O. Box 987 <br />Hastings, Nebraska 68902 <br />Attention: Robert M. Allen <br />To Owner: Nebraska Investment Association, LLC <br />209 South 19~h Street, Suite 100 <br />Omaha, Nebraska 68102 <br />Attention: Jahn Mountjoy <br />B. The provisions of this Agreement are not intended to create, nor <br />shall they in any way be interpreted to create, a joint venture, a partnership, or any <br />other similar relationship between the parties. <br />C. The captions heading the various paragraphs of this Agreement are <br />for convenience and identification only, and shall not be deemed to limit or define <br />the contents of their respective paragraphs. <br />D. This Agreement, and all of its exhibits and incorporated <br />documents, constitutes the entire integrated agreement between Owner and. <br />Developer relating to the items described herein, and supersedes all prior <br />negotiations, representations, understandings and agreements, either written or <br />oral. <br />E. This Agreement shall be interpreted according to Nebraska law. <br />The invalidity of any provision of this Agreement shall not affect the remaining <br />provisions. One or more waivers of a default shall not be deemed a waiver of a <br />later default. <br />F. In the event Developer does not respond to Owner's written <br />requests for approvals or consents of Developer as required by this Agreement, <br />within thirty (30) days of the effective date of delivery to Developer of such <br />Owner's written request, such request shall be deemed. approved. <br />G. This Agreement shall be binding on and inure to the benefit of the <br />Parties and their successors and assigns. The obligations of Owner under this <br />Agreement shall be deemed covenants running with the land and shall bind the <br />Property, and every owner acquiring an interest in the Property, in perpetuity. <br />The Owner acknowledges that the execution and delivery of this Agreement was a <br />material inducement to and cansideration for Developer's conveyance of the <br />Property to Owner. <br />H. Developer shall have the right to delegate or assign any approval <br />or consent rights under this Agreement upon written notice to Owner. <br />491389.6 6 <br />