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Assignment is inconsistent with the provisions of the other Loan Documents, such other Loan Documents shall control; and in particular, to the extent that this Assignment is inconsistent with the terms of the Security Instrument, the Security Instrument shall control. Lender may enforce any of the provisions of this Assignment prior to, simultaneously with, or subsequent to any of the rights or remedies under the other Loan Documents. 10. Notices. All notices, demands, requests, consents, approvals or communications required under this Assignment shall be in writing and shall be deemed to have been properly given if sent by hand delivery, overnight courier or certified mail, postage prepaid, addressed to the parties at the following addresses: If to Borrower: If to Lender: Gordman Grand Island, L.L.C. c/o Jerome P. Gordman 444 Regency Parkway Drive, Suite 202 Omaha, Nebraska 68114 First National Bank of Omaha 1620 Dodge Street Omaha, Nebraska 68102 ATTN: Senior Officer, Mortgage Loan Department With a copy to: Matthew T. Payne, Esquire PANSING HOGAN ERNST & BACHMAN LLP 10250 Regency Circle, Suite 300 Omaha, Nebraska 68114 or to such other addresses as are designated by notice pursuant to this Section. 11. Attorneys' Fees. If any legal action or proceeding is brought by either Borrower or Lender in order to enforce or construe a provision of this Assignment, the unsuccessful party in such action or proceeding, whether such action or proceeding is settled or prosecuted to final judgment, shall pay all of the attorneys' fees and costs incurred by the prevailing party. If Borrower shall become subject to any case or proceeding under the Bankruptcy Reform Act, as amended or recodified from time to tie, Borrower shall pay to Lender on demand all attorneys' fees, costs and expenses which Lender may incur in order to obtain relief from any provision of the Act which delays or otherwise impairs Lender's exercise of any right or remedy under this Assignment or any of the Loan Documents, or in order to obtain adequate protection for any of Lender's rights or collateral. 12. Heirs, Successors and Assigns. Subject to the limitations elsewhere contained in this Assignment, the terms of this Assignment shall be binding upon and inure to the benefit of the heirs, successors and assigns of Borrower and Lender, including, without limitation, any subsequent owner of the Property. There shall be no third party beneficiaries of this Assignment. 13. Time. Time is of the essence of each term of this Assignment. 14. Headings. All headings appearing in this Assignment are for convenience only and shall be disregarded in construing the substantive provisions of this Assignment. 15. Law. This Assignment shall be governed by and construed in accordance with the Laws of the State in which Property is located, except to the extent that Federal laws or the rules and regulations of the Office of Thrift Supervision, or its successor, preempt the laws of the State in which Property is located, in which case, Lender shall be entitled to such Federal rights and remedies without regard to conflicting limitation imposed by State law. 16. Severability. In the event any one of the provisions contained in this Assignment shall for any reason be held to be invalid, illegal or unenforceable in any respect under applicable law, such invalidity, illegality or unenforceability, at the option of Lender, 6 20130030E