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<br />200605277 <br /> <br />any applicable cure periods, the terms of the Lease shall continue to govern with respect to the <br />disposition of any insurance proceeds or eminent domain awards. <br /> <br />8. Successors and Asshms. This Agreement shall be binding upon and inure <br />to the benefit of Lender, Tenant and Purchaser and their respective successors and assigns. <br /> <br />9. Governine: Law. This Agreement shall be deemed to be a contract <br />entered into pursuant to the laws of the State of Nebraska and shall in all respects be governed, <br />construed, applied and enforced in accordance with the laws of the State of Nebraska. <br /> <br />10. Miscellaneous. This Agreement may not be modified in any manner or <br />terminated except by an instrument in writing executed by the parties hereto. If any term, <br />covenant or condition of this Agreement is held to be invalid, illegal or unenforceable in any <br />respect, this Agreement shall be construed without such provision. This Agreement may be <br />executed in any number of duplicate originals and each duplicate original shall be deemed to be <br />an original. This Agreement may be executed in several counterparts, each of which <br />counterparts shall be deemed an original instrument and all of which together shall constitute a <br />single Agreement. The failure of any party hereto to execute this Agreement, or any counterpart <br />hereof, shall not relieve the other signatories from their obligations hereunder. Whenever the <br />context may require, any pronouns used herein shall include the corresponding masculine, <br />feminine or neuter forms, and the singular form of nouns and pronouns shall include the plural <br />and vice versa. <br /> <br />[NO FURTHER TEXT ON THIS PAGE] <br /> <br />5 <br /> <br />(ShopKo - Grand Island, NE (#38)) <br />PHIL! 680988-1 <br />