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��14��135 in equity �r �n any other Master Lease Docum�nts or any of the �ther Loan Documents, and all of these rights and remedies may be exerc�sed and enfarced concurrently. �b} Neither the Master Tenant nor any other persons interested in � the Co l laterai or the pro�eeds of the �a llateral shal i ha�e any right t� require the Secured Party f rst t� resort to �r proce�d persona�ly against any �ther Person or tn proceed against any other co�lateral security, or to give pr�ority or preference t� any item ❑f Collateral, or to proceed upon any guaranty, prior to exercising its rights hereunder. Na renewal or �xtension of the Master Lease or Loan, na release ar surrender of the Collateral andlar any other security far the �bl igations, no retease of any obligor with respect ta the �bl igations, and no delay by the Secured Party in enforcing the �hligat�ons or ex�rcising any right or pawer vvith respect to the �bligations shall affeGt the S�cured Par�y's rights with respect to the Collateral. 1Z. BINDING EFFE�T. A�l rights and remedi�s of the S�cured Party under this Agreement will inure to the benefit of the Secured Party's successors and assigns; and ali agreements, ob�igations, and duties of the Master Tenant witl bind its heirs, personal r�presentati�es and permitted successors and assigns; haw��er, the Master Tenant may not assign this Agreement or any af its rights under this Agreement �r delegate any of its duties or obligations under this Agreement withaut the cons�nt of th� S�cured Party. 13. ��VERNING LAW� C�NSTRUCTI�N; WAIVER�F TRIAL BY JURY. (a} This Agreement and al� rights and abligatians under this Agreement, includ�ng matters of construction, �alidity and performance, wi�l be go��rned by the �aws of the State of Nebra�ka in which the Healthcare Facility is located �the "State"}, exCept that the law contralling the perfection and priority of Liens of the �ecured Par�y on any depasit account as or�ginal collaterai designated in a DA�A may be go�ern�d by the Uniform C�mmercial �ode adopted in th� jurisdicti�n of the depository bank, withit� the meaning of Section 9-1 U4 of the U�C. If any term of this Agreement is found t� be in�alid by a court with jur�sdiction under the �aws of the State or laws af mandatary applicatian, then the in�alid term wi�l be considered exc�uded from this Agreement and will n�t invalidate the remaining terms of this Agreement. . All uncapita.lized terms used herein which are naw or hereafter defined in the UC�, will ha�e the same meaning herein as in the UCC unless the context ind��ates otherwise. E�ery power gi�en herein is caupled with an inter�st and is irre�ocable by death, dissolution or otherwise. The definit�on of any document includes all schedules, attachments and exhibits to that document, and ail renewals, exter�sions, supplements, am�ndments, modifications, restatements and cansalidations of that docum�nt, and any do�ument g��en in substitutian for or repla�ement �f that document. The term "inc�udin�" is used by way of example oniy and nat by way of limitation, and the singuiar in�ludes the plural and ��n�ersely. The captians or headings cantained in this Agreement are for reference purposes only and will not affect or relate to the interpretation of this Agreement. (b� AS A SPE�IFI�ALLY BAR�AINED INDUCEMENT F�R THE SECURED PARTY T� ENTER INT� THE AGREEMENT AND E�TEND CRED�T T� B�RR�WER, AND T� THE E�TENT PERMITTED B� APPLI�ABLE STATE LAW SE�URED PARTY AND MASTER TENANT EA�H HEREBY I�N�WIN�LY, V�LUNTAR�LY AND IRREV��ABLY �VAIVES ANY AND ALL R�GHT(S) T� A TRIAL BY JURY F�R ANY Pre�ious�ersions obsolete Page 14 of 2� form HUD-9234�-�RCF�Re�.�31'!3}