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<br />I <br /> <br />88-102044 <br /> <br />thereafter to insist upon strict performance by Assignor of any <br />and all of such terms, provisions and conditions. The Loan <br />Documents are intended to be performed in accordance with, and <br />only to the extent permitted by, all applicable legal <br />requirements. If any provision of any of the Loan Documents or <br />the application thereof to any person or circumstance shall, <br />for any reason and to any extent, be invalid or unenforceable, <br />then neither the remainder of the instrument in which such <br />provision is contained nor the application of such provision to <br />other persons or circumstances nor the other instruments <br />referred to hereinabove shall be affected thereby; but rather, <br />shall be enforced to the greatest extent permitted by law. <br /> <br />8.8 Entire Agreement and Modification. The Loan Documents <br />contain the enti re agreements between the parties relating to <br />the subject matter hereof and thereof, and all prior agreements <br />relative thereto which are not contained herein or therein are <br />terminated. The Loan Documents may not be amended, revised, <br />waived, discharged, released or terminated orally, but only by <br />a written instrument or instruments executed by the party <br />against which enforcement of the amendment, revision, waiver, <br />discharge, release or termination is asserted. Any alleg~d <br />amendment, revision, waiver, discharge, release or termination <br />which is not so documented shall not be effective as to any <br />party. <br /> <br />8.9 Counterparts. This Assignment may be executed in any <br />number of counterparts, each of which shall be an original, but <br />all of which together shall constitute but one instrument. <br /> <br />8.10 Applicable Law: THIS INSTRUMENT IS EXECUTED AND <br />DELIVERED IN THE STATE OF NEVADA AND PAYMENT OF THE SECURED <br />INDEBTEDNESS SHALL BE PERFORMED IN THE STATE OF NEVADA. THE <br />LAWS OF THE STATE OF NEVADA (OR THE LAWS OF THE UNITED STATES <br />IN THE EVENT THAT LAWS PREEMPT STATE LAW) SHALL GOVERN THE <br />TERMS AND CONDITIONS HEREOF, EXCEPT THAT THE VALiDITY AND <br />PERFECTION OF THIS ASSIGNMENT AND ENFORCEMENT OF ASSIGNEE'S <br />REMEDIES ~'HTH RESPECT TO THE LEASES AND THE RENTS HEREUNDER <br />SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEBRASKA. <br /> <br />8.11 Compliance. It is express ly stipulated and agreed <br />to be the intent of Assignor and Assignee at all times to <br />comply with the applicable law governing the maximum rate or <br />amount of interest payable on or in connection with, the <br />Indebtedness. If the applicable law is ever judicially <br />interpreted so as to render usurious any amount called for <br />under any of the Loan Documents, or contracted for, charged, <br />taken, reserved or received with respect to the Indebtedness, <br />or if acceleration of the Indebtedness, any prepayment by <br />Assignor, or any other circumstance whatsoever, results in <br />Assignee having paid any interest in excess of that permitted <br />by applicable law, then it is the express intent of Assignor <br /> <br />- 14 - <br /> <br />L <br /> <br />..J <br /> <br />L <br />