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profits and the application thereof, as aforesaid, shall not cure or waive any default under the Lease. Assignor agrees that it will facilitate in all reasonable ways Assignee's collection of such rents and will, upon request by Assignee, promptly execute a written notice to each tenant directing the tenant to pay rent to Assignee. 8. Assignee's Right to Exercise Remedies. No remedy conferred upon or reserved to Assignee herein is intended to be exclusive of any other remedy or remedies, and each and every such remedy herein contained shall be cumulative and concurrent and shall be in addition to every other remedy existing at law or in equity or by statute. The remedies may be pursued singly, successively or together against Assignor or the Property at the sole discretion of Assignee. No delay or omission of Assignee to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or any acquiescence therein, and every power and remedy given by this Assignment to Assignee may be exercised from time to time as often as may be deemed expedient by Assignee. 9. Notices. All notices, demands and requests given or required to be given by either party hereto shall be delivered in accordance with the Lease. 10. Miscellaneous. 231307483 (a) This Assignment may not be modified, amended, discharged or waived orally, but only by an agreement in writing and signed by the party against whom enforcement of any such modification, amendment, discharge or waiver is sought. (b) The covenants of this Assignment shall bind Assignor, the successors and assigns of Assignor, all present and subsequent encumbrances, tenants and subtenants of the Property or any part thereof, but shall not be binding on any assisted living residents occupying the building, and shall inure to the benefit of Assignee, its successors and assigns. (c) In the event any one or more of the provisions contained in this Assignment shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall, at the option of Assignee, not affect any other provision of this Assignment, but this Assignment shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein or therein. (d) This Assignment shall be governed by and construed in accordance with the laws of the State of Iowa (without regard to its conflict of law principles). (e) ASSIGNOR AND ASSIGNEE (BY ITS ACCEPTANCE OF THIS ASSIGNMENT) HEREBY KNOWINGLY, WILLINGLY AND IRREVOCABLY WAIVES ITS AND THEIR RIGHTS TO DEMAND A JURY TRIAL IN ANY ACTION OR PROCEEDING INVOLVING THIS ASSIGNMENT OR ANY RELATIONSHIP BETWEEN ASSIGNEE AND ASSIGNOR. ASSIGNOR WARRANTS AND REPRESENTS THAT IT HAS REVIEWED THE FOREGOING WAIVERS WITH ITS LEGAL COUNSEL AND HAS KNOWINGLY AND VOLUNTARILY WAIVED ITS JURY TRIAL RIGHTS FOLLOWING CONSULTATION WITH LEGAL COUNSEL. IN THE EVENT OF LITIGATION, THIS SECTION MAY BE FILED AS A WRITTEN CONSENT TO A TRIAL BY THE COURT. 524030 -01