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200011177
<br />out any of the obligations of the lessor under any of the Leases and does not assume any of the
<br />liabilities in connection with or arising or growing out of the covenants and agreements of
<br />Assignor in the Leases. It is further understood that this Assignment shall not operate to place
<br />responsibility for the control, care, management or repair of the Property, or parts thereof, upon
<br />GE Capital, nor shall it operate to make GE Capital liable for the performance of any of the
<br />terms and conditions of any of the Leases or for any waste of the Property or for any dangerous
<br />or defective condition of the Property or for any negligence in the management, upkeep, repair or
<br />control of the Property resulting in loss or injury or death to any lessee, licensee, employee or
<br />stranger.
<br />The rights and remedies of GE Capital under this Assignment are cumulative and are not
<br />in lieu of, but are in addition to, any other rights or remedies which GE Capital shall have under
<br />the Deed of Trust or any other instrument constituting security for the Note or at law or in equity.
<br />If any term of this Assignment, or the application thereof to any person or circumstances,
<br />shall, to any extent, be invalid or unenforceable, the remainder of this Assignment, or the
<br />application of such term to persons or circumstances other than those as to which it is invalid or
<br />unenforceable, shall not be affected thereby, and each term of this Assignment shall be valid and
<br />enforceable to the fullest extent permitted by law.
<br />Any and all notices, elections, demands or requests permitted or required to be made
<br />under this Assignment, including, without limitation, a Notice, shall be in writing, signed by the
<br />party giving such notice, election, demand or request and shall be delivered personally or sent by
<br />registered, certified or regular United States mail, postage prepaid, or by Federal Express or
<br />similar service for overnight, priority delivery, to the other party at the address set forth above or
<br />to such other party and at such other address within the United States of America as any party
<br />may designate as provided herein. The date of receipt of such notice, election, demand or
<br />request shall be the earliest of (i) the date of actual receipt, (ii) three days after the date of
<br />mailing by registered, certified or regular mail, (iii) one day after the date of mailing by Express
<br />Mail or the delivery (for redelivery) to Federal Express or another similar service requiring a
<br />receipt or (iv) the date of personal delivery (or refusal upon presentation for delivery).
<br />Assignor hereby authorizes GE Capital to give written notice of this Assignment, which
<br />may include a copy hereof, at any time to any tenant under any of the Leases.
<br />The terms "Assignor" and "GE Capital" shall be construed to include the legal
<br />representatives, successors and assigns thereof. The gender and number used in this Assignment
<br />are used as a reference term only and shall apply with the same effect whether the parties are of
<br />the masculine or feminine gender, corporate or other form, and the singular shall likewise
<br />include the plural.
<br />This Assignment may not be amended, modified or changed nor shall any waiver of any
<br />provision hereof be effective, except only by an instrument in writing and signed by the party
<br />against whom enforcement of any waiver, amendment, change, modification or discharge is
<br />sought.
<br />0 - 288952.3A
<br />Grand Island, NE 4
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