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Tenant shall be credited under the Lease for any rent payments sent to Lender pursuant to such written notice. 5. All notices which may or are required to be sent under this Agreement shall be in writing and shall be sent by overnight courier delivery or by certified or registered U.S. mail, postage prepaid, return receipt requested and sent to the party at the address appearing below or such other address as any party shall hereafter inform the other party by written notice given as set forth above: Tenant: Southern Hospitality Ventures, Inc. PO Box 83327 Lincoln, NE 68501 -3327 With a copy to: Tim O'Neill O'Neill, Heinrich, Damkroger, Bergmeyer & Shultz, P.C., L.L.O. 800 Lincoln Square 121 South 13 Street Lincoln, NE 68508 Lender: Nebraska Bank of Commerce 6000 Village Drive, Suite 100 Lincoln, NE 68516 Landlord: JoEI Investment Group, LLC PO Box 83327 Lincoln, NE 68501 -3327 201506634 All notices delivered as set forth above shall be deemed effective three (3) days from the date deposited in the U.S. mail or the business day after deposit with the overnight courier service. 6. Said Deed of Trust shall not cover or encumber and shall not be construed as subjecting in any manner to the lien thereof any of Tenant's improvements or trade fixtures, furniture, equipment or other personal property at any time placed or installed in the Property. In the event the Property or any part thereof shall be taken for public purposes by condemnation or transfer in lieu thereof or the same are damaged or destroyed, the rights of the parties to any condemnation award or insurance proceeds shall be determined and controlled by the applicable provisions of the Lease. 7. This Agreement shall inure to the benefit of and be binding upon the parties hereto, their successors in interest, heirs and assigns and any subsequent owner of the Property secured by the Deed of Trust. 8. Should any action or proceeding be commenced to enforce any of the provisions of this Agreement or in connection with its meaning, the prevailing party in such action shall be awarded, in addition to any other relief it may obtain, its reasonable costs and expenses, not limited to taxable costs, and reasonable attorney's fees to the extent allowed by law.