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200105235 or U.S. Express Mail, then one (1) day after dispatch, and (iii) if mailed by registered or certified U.S. mail, postage prepaid and return receipt requested, then two (2) days after deposit in the mail. All such notices and communications shall be given to the parties at their respective addresses set forth in this Assignment, or at such other addresses as either party may designate by notice in accordance with the terms of this Section. 11. Governing Laws; Severability. This Assignment shall be governed by and construed under the laws of the state where the real property described in Exhibit "A" is located. In case any of the provisions of this Assignment shall at any time be held by a court of competent jurisdiction to be illegal, invalid or unenforceable for any reason, such illegality, invalidity or unenforceability shall not affect the remaining provisions of this Assignment, and this Assignment shall be construed and enforced as if all such illegal, invalid or unenforceable provisions had never been inserted herein. 12. Assignment By Lender. Lender shall have the right to assign Lender's right, title and interest under this Assignment in any of the Leases to any subsequent holder of the Notes or any participating interest therein or to any person acquiring title to the Trust Property or any part thereof through foreclosure or otherwise. Any subsequent assignee shall have all the rights and powers herein provided to Lender. 13. Successors. This Assignment shall inure to the benefit of and be binding upon Borrower and Lender, and their respective heirs, successors, legal representatives and assigns. 14. Consent to Jurisdiction; Waiver; Other Forums. a. Any suit, action or proceeding arising out of or relating to this Assignment or any other Loan Document; or any action or proceeding to execute on or otherwise enforce any judgment arising out of an Event of Default or other default under this Assignment or any other Loan Document can be brought by Lender in the applicable federal district court or in the state circuit court having jurisdiction for Omaha, Douglas County, Nebraska (collectively, the "Courts "). By executing and delivering this Assignment, Borrower, its successors and assigns, hereby irrevocably and unconditionally submit to the non - exclusive personal jurisdiction of the Courts for any suit, action or proceeding arising out of or relating to this Assignment or any other Loan Document, and irrevocably and unconditionally agree not to assert in any such proceeding before the Courts or any other court or tribunal, by way of motion, as a defense or otherwise, any claim contesting or challenging the personal jurisdiction of the Courts. In addition, Borrower irrevocably waives, to the fullest extent permitted by law, (i) any objection that it may now or hereafter have to the laying of venue in the Courts for any suit, action or proceeding arising out of or relating to this Assignment or any other Loan Document or (ii) any objection that such suit, action or proceeding brought in the Courts has been brought in an inconvenient forum. b. Nothing in this Section 14 or in any other Loan Document shall be deemed to preclude Lender from bringing a suit, action or proceeding arising out of or relating to this Assignment or any other Loan Document in any other jurisdiction. DOCS 146914.3 1582098 6 Grand Island