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<br />200607222 <br /> <br />13. Amendments and Discharge. No change, amendment, modification, cancellation or discharge of <br />this Assignment, or any part hereof, shall be valid unless Assignee shall have consented thereto in <br />writing. <br /> <br />14. Successors and Assigns. The terms, covenants and conditions contained herein shall inure to the <br />benefit of, and bind Assignor, Assignee and their successors and assigns. <br /> <br />15. Governing Law. This Assignment shall be governed by and construed in accordance with the <br />laws of State of Nebraska, without reference to conflict oflaw principles, except that federal law <br />shall govern when SBA is the holder of the Note as more fully set forth below. <br /> <br />The Loan secured by this lien was made under a United States Small Business Administration <br />(SBA) nationwide program which uses tax dollars to assist small business owners. If the United <br />States is seeking to enforce this document, the under SBA regulations: <br /> <br />(a) When SBA is the holder of the Note, this document and all documents evidencing or <br />securing this Loan will be construed in accordance with federal law. <br /> <br />(b) CDC or SBA may use local or state procedures for purposes such as filing paper, <br />recording documents, giving notice, foreclosing liens, and other purposes. By using <br />these procedures, SBA does not waiver any federal immunity from local or state <br />control, penalty, tax or liability. No Borrower or Guarantor may claim or assert <br />against SBA any local or state law to deny any obligation of Borrower, or defeat any <br />claim of SBA with respect to this Loan. <br /> <br />Any clause in this document requiring arbitration is not enforceable when SBA is the holder of the Note <br />secured by this instrument. <br /> <br />16. Severability. If any provision ofthis Assignment, or the application hereof to any person, entity <br />or circumstance, shall to any extent be invalid or unenforceable, the remainder of the provisions <br />ofthis Assignment, or the application of such provision to other persons, entities or <br />circumstances, shall not be affected thereby, and each provision of this Assignment shall be valid <br />and enforceable to the fullest extent permitted by law. <br /> <br />IN WITNESS WHEREOF, the undersigned has executed this Assignment as of the date first above <br />written. <br /> <br />ASSIGNOR <br /> <br />Kershner Properties, LLC, a Nebraska <br />Limited Liability Company <br /> <br />Central Nebraska Management, Inc., a Nebraska <br />Corporation <br /> <br />BY~~ <br />flvin W. K er~r <br />BY~ f/; ~ ~Jy. <br /> <br />Julie Kershner,M ager <br /> <br /> <br />IO.doc <br /> <br />5 <br />