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<br />200609517 <br /> <br />13. Severability. In the event that any provision of this Assignment is deemed to be <br />invalid by reason of the operation of law, or by reason of the interpretation placed thereon by any <br />administrative agency or any court, Assignee and Assignor shall negotiate an equitable adjustment <br />in the provisions of the same in order to effect, to the maximum extent permitted by law, the <br />purpose of this Assignment and the validity and enforceability of the remaining provisions, or <br />portions or applications thereof, shall not be affected thereby and shall remain in full force and <br />effect. <br /> <br />14. Joint Liability; Benefit. This Assignment is binding upon Assignor and its <br />respective legal representatives, successors and assigns, and the rights, powers and remedies of <br />Assignee under this Assignment shall inure to the benefit of Assignee and its successors and <br />assigns. <br /> <br />15. Written Modifications. This Assignment shall not be amended, modified or <br />supplemented without the written agreement of Assignor and Assignee at the time of such <br />amendment, modification or supplement. <br /> <br />16. Duration. This Assignment shall become null and void at such time as Assignor <br />shall have no further liability under the Letter of Credit, and shall have fully paid and performed all <br />ofthe other obligations secured hereby and by the other Related Documents. <br /> <br />17. GoverniDl! Law. THIS ASSIGNMENT SHALL BE GOVERNED BY THE <br />LA WS OF THE STATE OF NEBRASKA. <br /> <br />18. Notices. All notices, demands, requests and other correspondence which are <br />required or permitted to be given hereunder shall be deemed sufficiently given when delivered or <br />mailed in the manner and to the addresses of Assignor and Assignee, as the case may be, as <br />specified in the Mortgage. <br /> <br />19. Waiver of Trial bv JUry. ASSIGNOR AND ASSIGNEE ACKNOWLEDGE <br />AND AGREE THA T ANY CONTROVERSY WHICH MAY ARISE UNDER THIS <br />ASSIGNMENT, THE LOAN AGREEMENT OR ANY OF THE OTHER RELATED <br />DOCUMENTS OR WITH RESPECT TO THE TRANSACTIONS CONTEMPLATED <br />HEREIN AND THEREIN WOULD BE BASED UPON DIFFICULT AND COMPLEX <br />ISSUES. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE <br />LAW, EACH ASSIGNOR AND ASSIGNEE, BY ITS ACCEPT ANCE OF THIS <br />ASSIGNMENT, HEREBY KNOWINGLY AND VOLUNTARILY MUTUALLY (A) WAIVE <br />THE RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION, CLAIM, COUNTERCLAIM, <br />CROSS-CLAIM, THIRD-PARTY CLAIM, DISPUTE, DEMAND, SUIT OR PROCEEDING <br />ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS ASSIGNMENT, THE <br />LOAN AGREEMENT, THE MORTGAGE OR ANY OF THE OTHER RELATED <br />DOCUMENTS, THE LOAN, OR ANY RENEWAL, EXTENSION OR MODIFICATION <br />THEREOF, OR ANY CONDUCT OF ANY PARTY RELATING THERETO, AND (B) <br />AGREE THAT ANY SUCH ACTION, CLAIM, SUIT OR PROCEEDING SHALL BE <br />TRIED BEFORE A JUDGE AND NOT BEFORE A JURY. <br /> <br />6 <br />