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201307954 <br /> Property ID: 847 <br /> 960 Allen Dr. <br /> Grand Island,NE 68803 <br /> any option therefor in the Lease (other than an option to purchase the Leased Premises), shall not be <br /> diminished or interfered with by Lender and Lender will not join Lessee as a party defendant in any action or <br /> proceeding for the purpose of terminating Lessee's interest and estate under the Lease because of any default <br /> under the Deed of Trust. This Agreement satisfies any condition or requirement in the Lease relating to the <br /> granting of a nondisturbance agreement from the Lender. <br /> Section 7.If any provision of this Agreement or the application thereof to any person or circumstance shall <br /> be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such <br /> provisions to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest <br /> extent permitted by law. This Agreement may be executed in any number of counterparts all of which taken <br /> together shall constitute one and the same instrument, and any of the parties or signatories hereto may execute <br /> this Agreement by signing any such counterpart. No provision of this Agreement may be changed, <br /> waived, discharged, or terminated except by an instrument in writing signed by the party against whom <br /> enforcement of the change, waiver. discharge, or termination is sought. This Agreement shall inure to the <br /> benefit of and be binding upon the parties hereto and their respective heirs, successors, and permitted <br /> assigns. <br /> Section 8. Lessee agrees to deliver to the Lender and to any person designated by the Lender, an <br /> estoppel certificate executed by the Lessee certifying as to such information as the Lender may reasonably <br /> request. The Lessee acknowledges that the Lender is relying on the representations, certifications and <br /> agreements by the Lessee under the terms of this Agreement in extending credit secured by the Deed of Trust. <br /> Section 9. Except for any notice required under applicable law to be given in another manner, all <br /> notices. certificates, requests, demands and other communications provided for hereunder shall be in writing <br /> and shall be(a) personally delivered, (b) sent by first class United States mail, or(c) sent by overnight courier <br /> of national reputation, in each case addressed to the party to whom notice is being given at its address as set <br /> forth above or, as to each party, at such other address as may hereafter be designated by such party in a <br /> written notice to the other party complying as to delivery with the terms of this Section. All such notices, <br /> requests, demands and other communications shall be deemed to have been given on (a) the date received if <br /> personally delivered, (b) when deposited in the mail if delivered by mail, or (c) the date sent if sent by <br /> overnight courier. <br /> IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS AGREEMENT SHOULD <br /> BE READ CAREFULLY BECAUSE, AMONG OTHER THINGS, IT AFFECTS THE <br /> PRIORITY OF YOUR LEASE AND BECAUSE ONLY THOSE TERMS IN WRI'T'ING ARE <br /> ENFORCEABLE. NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THIS <br /> WRITTEN AGREEMENT MAY BE LEGALLY ENFORCED. YOU MAY CHANGE THE TERMS <br /> OF THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. <br /> SNDA.CFT Developments 847 Page 3 <br />