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200314438 21. DEFINITION. The terms "lessor" and "lessors" as used in this Assignment shall include all landlords, licensors and other parties in a similar position with respect to the Leases. The term "lessee" and "lessees" shall include any tenants and licensees and any other parties in a similar position, and shall also include any guarantors or other obligors of the Leases. 22. ESTOPPEL CERTIFICATE. Within thirty (30) days after request by Lender, Borrower shall deliver, in recordable form, to Lender and to any party designated by Lender, estoppel certificates executed by Borrower (estoppel certificate form to be provided to Borrower by Lender). Borrower shall obtain execution by each of the lessees of such a certificate. Borrower's or any lessee's failure to deliver any such certificate in time shall be conclusive upon Borrower that: (i) this Assignment and such lessee's Lease are in full force and effect, without modification, (ii) there are no uncured defaults in Borrower's performance under this Assignment or in Borrower's and such lessee's performance under such lessee's Lease, (iii) neither Borrower nor such lessee have any right of offset, counterclaim or deduction under this Assignment or such lessee's Lease, and (iv) no more than one (1) month's rent has been paid in advance under such lessee's Lease. 23. PLURAL BORROWER'S, OTHER OBLIGORS. All persons and entities identified by the designation "Borrower ", including without limitation, all general partners or joint venturers (if any) of Borrower, are jointly and individually bound to perform each and every obligation of Borrower under this Assignment and are jointly and individually liable to Lender for such performance. 24. INCORPORATION. Exhibit A and Exhibit B, as attached to this Assignment, are incorporated into and made a part of this Agreement. BORROWER'S ADDRESS: BORROWER: THE MEADOWS APARTMENT HOMES, L.L.C. THE MEADOWS APARTMENT HOMES, L.L.C. c/o Raymond J. O'Connor a Nebraska limited liability company P.O. Box 139 Grand Island, NE 68802 By: Raymond J. O'Connor, Managing Member LENDER'S ADDRESS: TierOne Bank c/o Credit Administration Department P. O. Box 83009 Lincoln, NE 68501 -3009 STATE OF NEBRASKA ) ss. COUNTY OF HALL ) The foregoing instrument was acknowledged before me this -3J day of October, 2003, by Raymond J. O'Connor, the Managing Member of THE MEADOWS APARTMENT HOMES, L.L.C., a Nebraska limited liability company, on behalf of said company. GENERAL NOTARY-State of Nebraska RONALD H. BIELENBERG otary Public My Comm. Exp. Dec. 18. 2003 My Commission h xpt