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QO- 101,59,2 Assignor further covenants and warrants to Assignee that it has not executed or granted any modification, amendment. renewal or extension of said Lease, except as herein indicated on the attabhed Exhibit "A ", and that said Lease was in full force and effect at date of Assignee's taking possession of the premises under that certain Management Agreement dated as of October 1, 1984, d the "*9anageme -nt Agreement'), that to the best of Assignor's knowledge it is in full force and effect at _date hereof and that there are no defaults now outstanding under said Lease or any of its provisions. Assignor further warrants and -ovenants that it has full power and authority to enter into this Assignment, and that the leasehold interest assigned is now free and clear of any lien, charge or encumbrance created or per*aitted by Assignor. except as herein indicated or as indicated in that Asset Purchase Agreement dated September 28, 1984 (the "Asset Purchase Agreement ") between Beverly Ennterprises; Beverly Enterprises- Kansas, Inc_, Beverly Enterprises - 'Nebraska, Inc., Sou-t:: Dakota- Beverly Enterprises, Inc., Beverly Enterprises - Pemnsylvania. Inc. and Pled West Health Care - Management Corporation, Dear. Beebe and ilo Gene Harmon, and any Exhibits thereto. Assignee hereby acknowledges that its rights and remedies for any bre3Lh of a warranty or misrepresentation nade by Assignor herein shall be as set forth in the Asset Purchase Agreement. Assignee hereby covenants and warrants that it hereby ass=nes the Lease and that it will hereafter faithfully a-rid fully perform, each and every obligation, duty and condition provided for and set forth in the Lease, and that the original =lessor may exercise any and all rights and remedies against Assignee. Assignee covenants, warrants and agrees to fully and timel y perform all terms, conditions and provisions of the Lease to be performed by the sublessee therein and accrujnz on_ or after October 1, 1984, and to i nde =ify and save harmless :assignor all losses and liability arising from any damage, claims, liability cost, losses, defiencies or expense, including wit=hout limita- tion, reasonable attorneys fees and out of pocket expenses, aris- 01 R