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<br />200602639 <br /> <br />16. Applicable Law. This Assignment shall be construed, interpreted and governed <br />by the laws of the State of Nebraska without giving effect to any connict of laws principles. <br /> <br />17. Amendments. This instrument cannot be amendcd, waived, changed, discharged <br />or terminated orally, but only by an instrument in writing signed by Assignor and Assignee. Any <br />agreement hereafter made by Assignor and Assignee relating to this Assignment shall be <br />superior to the rights of the holder of any intervening lien or encumbrance. <br /> <br />18. Debtor-Creditor Relationship. Nothing contained herein shall be deemed to <br />create or construe to create a partnership, joint venture or any relationship other than that of <br />debtor-creditor. Assignor and Assignee expressly disclaim any intent to create a partnership or <br />joint venture pursuant to this Assignment or any other document related hereto or thereto. <br /> <br />19. Statute of Limitations. The pleading of any statute of limitations as a defense to <br />any obligation evidenced or secured by this Assignment is hereby waived to the full extent <br />permitted by law. <br /> <br />20. Integration. This Assignment, together with the other Documents constitutes thc <br />entire agreement and understanding among the parties hereto and supersedes any and all prior <br />agreements and understandings, oral or written, relating to the subject matter hereof. <br /> <br />21. Limitation of Liability. No claim may be made by the Assignor against the <br />Assignee or the affiliates, directors, offIcers, employees, attorneys or agent of Assignee for any <br />consequential or punitive damages in respect of any claim for breach of contract or any other <br />theory of liability arising out of or related to the transactions contemplated by this Assignment or <br />by the other Documents, or any act, omission or event occurring in connection therewith, and the <br />Assignor hereby waives, releases and agrees not to sue upon any claim for any such damages, <br />whether or not accrued and whether or not known or suspected to exist in its favor. <br /> <br />22. WAIVER OF JURY TRIAL. ASSIGNOR AND ASSIGNEE, TO <br />THE EXTENT PERMITTED BY LAW, WAIVE ANY RIGHT TO HAVE A JURY <br />PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN <br />CONTRACT, TORT OR OTHERWISE ARISING OUT OF, IN CONNECTION WITH, <br />RELATED TO, INCIDENTAL TO, OR IN CONNECTION WITH THIS INSTRUMENT <br />OR ANY OBLIGATION OR OTHER AGREEMENT, INSTRUMENT OR DOCUMENT <br />EXECUTED OR DELIVERED IN CONNECTION THEREWITH OR THE <br />TRANSACTIONS RELATED THERETO. THIS WAIVER SHALL NOT IN ANY WAY <br />AFFECT, WAIVE, LIMIT, AMEND OR MODIFY ASSIGNEE'S ABILITY TO PURSIJE <br />REMEDIES PURSUANT TO ANY CONFESSION OF .JUDGMENT OR COGNOVIT <br />PROVISIONS CONTAINED IN THIS INSTRUMENT, ANY LEASE, ANY NOTE OR <br />ANY OTHER GUARANTY OF PAYMENT, AGREEMENT, INSTRUMENT OR <br />DOCUMENT RELATED THERETO. THE ASSIGNOR AND ASSIGNEE EACH <br />ACKNOWLEDGE THA T THE FOREGOING WAIVER IS KNOWING AND <br />VOLUNT ARY. <br /> <br />7 <br /> <br />1023974.2 10/21/2004 <br />