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200102775 11. If any litigation is commenced between the parties hereto concerning this Agreement or the rights or obligations of any party in relation thereto, the prevailing party in such litigation shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for its attorney's fees in such litigation (including any appeal thereof), which sum shall be determined by the court in such litigation or in a separate action brought for that purpose. 12. This Agreement shall bind and inure to the benefit of the parties hereto, their heirs, personal representatives, successors and assigns, including, without limitation, the mortgagee or beneficiary under any mortgage or deed of trust on Tenant's interest in the Lease or the Leased Premises, its successors and assigns. 13. This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original and all of which together shall constitute but one and the same instrument, and shall be effective upon execution of one or more of such counterparts by each of the parties hereto. 14. This Agreement contains the entire agreement between the parties and supersedes all prior agreements, oral or written, with respect to the subject matter hereof. This Agreement may not be modified in any manner whatsoever except by an instrument in writing signed by each of the parties hereto. 15. In construing the provisions of this Agreement and whenever the context so requires, the use of a gender shall include all other genders, the use of the singular shall include the plural, and the use of the plural shall include the singular. 16. This Agreement shall be recorded in the Official Records of Hall County, Nebraska. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. LENDER: TENANT: GREAT SOUTHERN LIFE INSURANCE ALBERTSON'S, INC., COMPANY a Del re c rporation By. By. S vice President Lincoln Sharp, Jr. (djt0- Vice President, Real Estate Law LANDLORD: ROBERT M. ALLEN FAMILY LIMITED PARTNERSHIP By. ,� ju, Its