|
<br />200602639
<br />
<br />12. Notices. Any notice or demand which is made hereunder or under the Obligation
<br />or any other document, shall be delivered by certified mail, return receipt requested, or hand-
<br />delivered, at the address set forth below or such other address which either party may give by
<br />notice in writing which is actually received by the other notice in the manner provided in this
<br />section and such delivery shall be deemed complete upon the second business day after mailing,
<br />ifmailed, and upon delivery, if hand-delivered:
<br />
<br />Assignor:
<br />
<br />Pharmacy Properties, LLC
<br />605 East Francis Street
<br />North Platte, NE 69101
<br />
<br />Assignee:
<br />
<br />Wells Fargo Financial Leasing, Inc.
<br />5000 Brittonficld Parkway, Suite 900
<br />P.O. Box 4943
<br />Syracuse, NY 13221-4943
<br />Attention: Jacqueline K. Whalen
<br />
<br />Any notice or demand delivered to the person or entity named above to accept notices and
<br />demands for Assignor shall constitute a notice or demand duly delivered to Assignor.
<br />
<br />13. Successors and Assigns. This Assignment and all provisions hereof, shall be
<br />binding upon Assignor and all persons claiming under or through Assignor, and shall inure to the
<br />benefit of Assignee, its successors and assigns.
<br />
<br />14. Partial Invalidity. Assignor and Assignee intend and believe that cach provision
<br />in this Assignment comports with all applicable local, state, and federal ordinances, statutes,
<br />laws, administrative and judicial decisions, and public policies. However, if any portion,
<br />provision or provisions of this Assignment are found by a court of law to be in violation of any
<br />applicable local, state or fcderal ordinance, statute, law, administrative or judicial decision or
<br />public policy, and if such court should declare such portion, provision or provisions of this
<br />Assignment to be illegal, invalid, unlawful, void or unenforceable as written, then, it is the intent
<br />both of Assignor and Assignee that such portion, provision or provisions shall be given force to
<br />the fullest possible extent that they are legal, valid and enforceable, that the remainder of this
<br />Assignment shall be construed as if such illegal, invalid, unlawful, void or unenforceable
<br />portion, provision or provisions were not contained herein or therein, and that the rights, duties,
<br />privileges, obligations and interests of Assignor and Assignee under the remainder of this
<br />Assignment shall continue in full force and effect.
<br />
<br />] 5. Exculpation of Assignee. Nothing contained herein shall be construed as
<br />constituting the Assignee a "mortgagee-in-possession" in the absence of the taking of actual
<br />possession of the Premises by Assignee pursuant to the terms hereof. In the exercise of the
<br />powers herein granted Assignee, no liability shall be asserted or enforced against Assignee, all
<br />such liability being expressly waived and released by Assignor, except liability arising trom
<br />Assignee's gross negligence or willful misconduct.
<br />
<br />6
<br />
<br />1023974.210/21/2004
<br />
|