R2007-193 AUTHORIZING ANNEXATION AGREEMENT

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� Book : 3847 Page : 228 (i) Within thirty (30) days after the execution hereof, the text of this Agreement (or a suitable memorandum thereof) shall be recorded at the sole cost and expense of Primrose in the Office of the Recorder of Macon County, Illinois; and a certified copy of the Ordinance adopting this Agreement shall be filed with the Macon County Clerk. (ii) It is further agreed that any party to this I�, Agreement, either in law or in equity, by suit, action, mandamus, or I other proceeding may enforce or compel the performance of this I, Agreement, or have other such relief for the breach thereof as may � be authorized by law or which by law or in equity is available to them. (e) It is understood by the parties hereto and time is of the essence of this Agreement. It is further understood that upon the occurrence of a default of ' any of the provisions of this Agreement, which default continues for twenty (20) days after a notice specifying such default is given, the defaulting party, mandamus, or other proceeding, including specific performance, to enforce or compel the performance of this Agreement by such defaulting party may be brought or filed by the other party. (f) In the event any portion of this Agreement or part thereof shall be deemed invalid, such invalidity of said provision or part thereof shall not affect the validity of any other provision hereof. (g) Unless stated otherwise elsewhere herein, any notice required or permitted under this Agreement shall be in writing and shall be deemed given on the date of mailing when mailed by registered or certified mail. If to Primrose: James L. Thares Primrose Management, L.L.C. 815 North 2"d Street P. O. Box 1359 Aberdeen, SD 57402-1359 Copy to: Edward F. Flynn Winters, Featherstun, Gaumer Postlewait, Stocks & Flynn 225 North Water Street, Suite 200 Decatur, IL 62523 If to the City: Greg Crowe City of Decatur #1 Gary K. Anderson Plaza 5