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200905832 <br />If to Lender: U.S. Bank National Association <br />950 17~' Street, Third Floor <br />Denver, Colorado 80202 <br />Attention: Sandra A. Sauer <br />If to Tenant: Younkers Store #451- Grand Island, NE <br />The Bon-Ton Department Stores, Inc. <br />2801 E. Market Street <br />York, Pennsylvania 17402-2406 <br />Attn: Vice President-General Counsel <br />with a copy delivered to: Younkers Store #451 --- Grand Island, NE <br />The Son-Ton Department Stores, Inc. <br />331 W. Wisconsin Ave. <br />Milwaukee, WI 53203 <br />Attention: Attention: Sr. Vice President -Real Estate <br />If to Landlord: Conestoga Ma112002, LLC <br />c/o J. Herzog & Sons, Inc. <br />1720 South Bellaire Street, # 1209 <br />Denver, CO 80222-4366 <br />Attention: Mark Huttner <br />Any notice, demand or request which shall be served upon either of the parties in the <br />manner aforesaid shall be deemed sufficiently given for all purposes hereunder (i) at the time <br />such notice, demand or request is hand-delivered in person or (ii) with respect to notices, <br />demands or requests mailed in the manner aforesaid, on the date of deposit with the U.S. Postal <br />Service. The period in which a response to a mailed notice must be given or taken, however, <br />shall run from the date of receipt by the addressee. Rejection, refusal to accept delivery and <br />inability to deliver due to changed address of which no notice has been given shall be deemed to <br />be receipt by the addressee. <br />9. As to Landlord and Tenant. As between Landlord and Tenant, Landlord <br />and Tenant covenant and agree that nothing herein contained nor anything done pursuant to the <br />provisions hereof shall be deemed or construed to modify the Lease. <br />10. As to Landlord and Lender. As between Landlord and Lender, Landlord <br />and Lender covenant and agree that nothing herein contained nor anything done pursuant to the <br />provisions hereof shall be deemed or construed to modify the Mortgage. <br />11. Title of Paragraphs. The titles of the paragraphs of this Agreement <br />are for convenience and reference only, and the words contained therein shall in no way be <br />held to explain, modify, amplify or aid in the interpretation, construction or meaning of the <br />provisions of this Agreement. <br />12. Governin Law. This agreement shall be governed by and <br />2112205_3.doc <br />