#2950- Deed; WARRANTY DEED Parcel “A” Beginning At SE Corner Of Lot 166 Then W Along S Line Of Lot 166 For 122’ Then NE To A Point On The North Line Of Lot 166 And 69’ W Of The NE Corner Of Lot 166 (part 1)

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the same defaulc or breach or of any of its remedies for env O-Rer default c_" t-rea:;_. 'may other party. NC waiver -made b;/ e__..er S`:ch pa_-;: w_t-e-speCt to t e Ce-�ormance, manner or :_:Me c_ any c rd� ts -w-: of 1 J ga z_on un :=- the Agreement s..all oe cons i dere.-' a wa-ver of a::y rights o= the party making the ',r__ver with _espec: to that particular obligation of the otter party or condition to its cwn obligation befcnd those expressly waived in writing and to the extent thereof, cr a waiver of any respect in regard to any other rights o= the _party making the waiver or any other obligations of tale other party. J. Party in Positicn of Surety With Respect to Obligations. The Developer, for itself, its successors and assigns, and for ali other persons who are or who shall become liable upon or subject to any obligation or burden under the Agreement, whether by express or implied assumption or otherwise, hereby waives, to the fullest extent permitted by law, any and all claims or defenses otherwise available on the ground of its or their being or having become a person in the position of a surety, whether real, personal, or otherwise or whether by agreement or operation of law, including, without limitation on the generality of the foregoing, any and all claims and defenses based upon extension of time, indulgence, or modification of terms of contract. SECTION VII. MISCELLANEOUS. A. Conflict of Interest; City Representatives Not Individually Liable. No member, official, or employee of the City shall have any personal interest, direct or indirect, in the Agreement, nor shall any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any for -profit corporation, partnership, or association in which he/she is, directly or indirectly, interested. No member, official, or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the city or for any amount which may become due to the Developer or successor or assign or on any obligations under the terms of the Agreement. B. Brokered Services. The parties agree and acknowledge that no Brokered services were used or resulted in the execution of this agreement. C. Recordation. This Agreement shall be recorded. in the office of the SL. Joseph County Recorder -Immediately subsecFaent to _ts execution. D. EQual Empi , me Cepertu,^.it The Developer, for itself and its successcrs and assigns, agrees th at during the