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5. 8 . RECORDING OF AGREEMENT. The Agreement shall be recorded in the public records of Indian River County at the sole cost of Developer. The obligations defined in this Agreement shall be a condition , which shall run with the land and shall bind subsequent owners of the Property for the term of this Agreement. 5. 9. SEVERABILITY. If any provision of the Agreement is held to be illegal , invalid or unenforceable under present or future laws , such provision shall be fully severable ; this Agreement shall be construed and enforced as if such illegal , invalid or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by such illegal , invalid , or unenforceable provision or by its severance from this Agreement. 5 . 10 . TIME OF ESSENCE. Time is of the essence of this Agreement; however, if the final date of any period which is set out in any provision of this Agreement falls on a Saturday, Sunday or legal holiday under the laws of the United States or the State of Florida , then , in such event, the time of such period shall be extended to the next day which is not a Saturday, Sunday or legal holiday. 5 . 11 . BACKGROUND RECITALS . The Background Recitals are true and correct and form a material part of this Agreement. IN WITNESS WHEREOF , the COUNTY and DEVELOPER have caused this Agreement to be executed in their respective names as of the date first set forth above . DEVELOPER DIVOSTA HOMES , L. P. , Print Name X22 Sei ( u o a Delaware limited partnership By: DiVosta Homes Holdings , LLC , a Delaware limited liability company, its general partner. By CL P - Print Name Mt (tei b e'ee, Ch ,,, s �j he„ P' S< k j „ atVice President State of Florida County of Palm Beach The regoing instrument was acknowledged before me this o day of l J �'4 2006 by Chvu kpAe. P- Schr t Vice President of DiVosta Homes Holdings , LLC , a Delaware limited liability company and general partner of DiVosta Homes , L . P . , a Delaware limited partnership, on behalf of the partnership. The subscribing party is personally known e MCI 10, Grow Commission #DD250990 Notary Public - P Expires: Oct 27, 2007 Print Name: % � dtnpQ. Bonded Thru Commission No. z6F Atlantic Bonding Co., Inc. Expiration Date 6