201508664 - Laserfiche WebLink

Browse

14. Miscellaneous, 201508664 care, control, management or repair of the Property, nor shall it operate to make Lender responsible or liable for any waste committed on the Property by any Lessee, occupant or other party, or for any dangerous or defective condition of the Property, nor thereafter at any time or in any event obligate Lender to appear in or defend any action or proceeding relating to the Leases or to the Property; (b) require Lender to take any action hereunder, or to expend any money or incur any expenses or perform or discharge any obligation, duty or liability under the Leases; or (c) require Lender to assume any obligation or responsibility for any security deposits or other deposits delivered to Borrower by Lessees and not assigned and delivered to Lender. Lender shall not be liable in any way for any injury or damage to person or property sustained by any person in or about the Property. 13. Termination of Assignment. Lender shall terminate and release this Assignment as to all or a portion of the Property to the same extent as the Mortgage is released in whole or in part. 14.1 Future Advances. The total amount outstanding at any one time which is secured by this Assignment, excluding any interest and any amounts advanced by Lender for the protection of the security interest herein granted or amounts advanced or obligations incurred for the completion of a contemplated improvement under a construction loan agreement, shall not exceed $6,500,000. This Assignment shall be governed by all provisions of Neb. Rev. Stat. § 76 -1002 (Reissue 2009). 14.2 Severability. If any term of this Assignment or the application hereof to any person or set of circumstances, shall to any extent be invalid or unenforceable, the remainder of this Assignment, or the application of such provision or part thereof to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Assignment shall be valid and enforceable to the fullest extent consistent with applicable law. 14.3 Captions. The captions or headings at the beginning of each section hereof are for the convenience of the parties only and are not part of this Assignment. 14.4 Counterparts. This Assignment may be executed in two or more counterparts, each of which shall be deemed an original, and all of which shall be construed together and shall constitute one instrument. It shall not be necessary in making proof of this Assignment to produce or account for more than one such counterpart. 14.5 Notices. All notices or other written communications hereunder shall be given in the manner set forth in the Loan Agreement. 14.6 Modification. No amendment, modification or cancellation of this Assignment or any part hereof shall be enforceable without Lender's prior written consent. 14.7 Governing Law. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THIS ASSIGNMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MISSOURI, EXCEPT TO THE EXTENT (A) OF 51667707.2 8