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36- 101329 <br />i that the original Lessor may exercise any and all rights and <br />remedies against Assignee. <br />Assignee covenants, warrants and agrees to fully and timely <br />perform all terms, conditions and provisions of the Lease to be <br />performed by the sublessee therein and accruing on or after <br />October 1, 1984, and to indemnify and save harmless Assignor all <br />losses and liability arising from any damage, claims, liability <br />cost, losses, defiencies or expense, including without limita- <br />tion, reasonable attorneys fees and out of pocket expenses, aris- <br />ing out of or relating to Assignee's failure to fully and timely <br />perform the terms, conditions and provisions of the Lease to be <br />performed by the sublessee therein and accruing on or after <br />October 1, 1984, or arising out of or relating to the obligations <br />of the Optionee under the Option, if the Option is exercised by <br />Assignee. <br />This Assignment shall be construed according to the laws of <br />the State of Nebraska. <br />IN WITNESS WHEREOF, the Assignor and Assignee have caused <br />this Assignment of Lease and Option to be execu ed on the day <br />first above written. <br />BEVERLY ENTERPR.I ES- NEBRASKA, INC., a <br />California core ration, "Assignee" <br />j . <br />By J,v' <br />Title <br />MED WEST HEALTH CARE MANAGEMENT <br />CORPORATION, a uth Dakota <br />corporation, 'A� signor" <br />By <br />Title <br />u <br />