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e ;I� � I � �� + 13. Amendment. The parties agree that the provisions of this Agreement may be modified or amended, in whole or in part, or terminated, only by the written consent of 281 & Old Potash and Roadhouse, evidenced by a document that has been fully executed and acknowledged by 281 & Old Potash and Roadhouse and recorded in the public records of Ha11 County, Nebraska. 14. Mortga�e Subordination. Any mortgage, deed of trust or similar lien or encumbrance (collectively, "Mort�a�e") affecting any portion of a Lot shall at all times be subject and subordinate to the terms of this Agreement, except to the extent expressly otherwise provided herein, and any party foreclosing any such Mortgage, or acquiring title by deed in lieu of foreclosure shall acquire title subject to all of the terms and provisions of this Agreement. 15. Non-Dedication. Nothing contained in this Agreement shall be deemed to be a gift or dedication of any portion of any Lot to the general public or for any public use or purpose whatsoever, it being the intention of the parties hereto and their successors and assigns that nothing in this Agreement, expressed or implied, shall confer upon any person, other than the parties hereto and their successors and assigns, any rights or remedies under or by reason of this Agreement. Any party hereto further reserves the right to close ofF its portion of the roadways located on its Lot for such reasonable period of time as may be legally necessary, in the opinion of such party's counsel, to prevent the acquisition of prescriptive rights by anyone; provided however, that prior to closing off any portion of the roadway, as herein provided, the owner of the Lot containing the roadway to be closed shall give written notice to each other party of its intention to do so, and shall attempt to coordinate such closing with each other party so that no unreasonable interference in the passage of pedestrians or vehicles sha11 occur. 16. Covenant Running with the Land. T'he rights, agreements, duties, obligations and easeinents set forth in this Agreement shall be deemed to be covenants running with the land, which rights, agreements, duties, obligations and easements shall remain in full force and effect and be binding upon the owner of each Lot and its successors-in-title. The fee owner of each Lot may grant the benefit of any easement conta.ined herein to the tenants and other occupants of the Lots for the duration of such occupancy, and to the customers, employees, agents and business invitees thereof, but such grant is not intended nor shall it be construed as creating any rights in or for the benefit of the general public nor shall it affect any real property outside of the Lots. Further, the provisions of this Agreement shall remain in effect perpetually to the extent permitted by law. 17. Dama�e and Destruction. During periods of construction of improvements on a Lot, whether initial improvements, reconstruction after damage or destruction, or redevelopment of a Lot, the owner of such Lot shall have the right to prohibit or restrict use of the easements granted herein as long as such construction is ongoing; provided, however, that such party shall diligently pursue such construction to completion. The parties shall exercise their rights pursuant to this paragraph in good faith and in a commercially reasona.ble manner. 18. Attorne, s�' Fees. In the event any action is taken to enforce the terms of this Agreement, whether or not litigarion is commenced, the prevailing party in such action (as determined by the fact finder) shall be entitled to recover from the other party the attorneys' fees and costs incurred by such prevailing party with respect to such action. {31858.25.A0469997.DOC;4} 5