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202406660 Borrower: Innate 8, LLC c/o Innate Concepts Attn: Scott Rief 3835 W Old Potash Hwy #2006 Grand Island, NE 68803 Section 8.04 Costs, Expenses and Taxes. The Borrower agrees to pay on demand all reasonable costs and expenses, including reasonable attorneys' fees, in connection with the enforcement of this Agreement and the other Loan Documents. In addition, the Borrower shall pay any and all stamp and other taxes and fees payable or determined to be payable in connection with the execution and delivery of this Agreement and the other Loan Documents and agrees to save the Lender harmless from and against any and all liabilities with respect to or resulting from any delay in paying or omission to pay such taxes or fees. Section 8.05 Survival. All agreements, representations, warranties and covenants made in this Agreement shall survive the execution of this Agreement, the making of the Advances by Lender, and the execution of the other Loan Documents, and shall continue until Lender receives indefeasible payment in full of all indebtedness of Borrower incurred under this Agreement and under the other Loan Documents. Section 8.06 Binding Effect; Assignment. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors, assigns, transferees, legal representatives and any and all other persons or entities who may succeed to the rights or obligations of the parties hereto; provided, however, that neither this Agreement nor the proceeds of the Loan may be assigned by Borrower voluntarily, by operation of law or otherwise, without the prior written consent of Lender. Section 8.07 Further Assurances. Borrower agrees to execute such other and further documents upon Lender's request as may be reasonably necessary or appropriate to consummate or secure the transaction contemplated herein. Section 8.08 Governing Law. This Agreementand the Note shall be governed by, and construed in accordance with, the laws of the State of Nebraska. Section 8.09 Headings. Article and Section headings in this Agreement are included herein for convenience or reference only and shall not constitute a part of this Agreement for any other purpose. Section 8.10 Inconsistent Provisions. To the extent of any inconsistency between the provisions of this Agreement, the Note, the Guaranty, the Developer Agreement and/or the Mortgage Agreement, the provisions of this Agreement shall control. Section 8.11 Time of the Essence. Time is of the essence hereof with respect to the dates, terms and conditions of this Agreement.