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~o~oo~~r4s 3. The Assignee shall indemnify and hold the Assignor harmless from and against all liabilities, claims, obligations, costs and expenses, including, without limitation, reasonable attorneys' fees and expenses, which arise out of or relate to the Assignee's failure to perform any of the responsibilities, duties, liabilities and obligations of the Assignee under the Loan Documents on and after the date hereof. 4. Each provision contained in this Agreement shall be a separate and independent obligation. If any pravision of this Agreement or the applicatian thereof to any person or circumstance shall to any extent be invalid and unenforceable, the remainder of this Agreement, ar the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each pravision of this Agreement shall be valid and shall be enforceable except to the extent permitted by applicable law. 5. No term or provision hereof may be amended, changed, waived, discharged or terminated orally, but only by an instrument signed by the party against wham enforcement thereof is sought. 6. This Agreement may be executed by each of the parties on separate counterparts, and the assembled counterparts signed by all parties shall constitute a single document. 7. The Lender is entitled to rely an this Agreement as a third-party beneficiary. 8. This Agreement is binding upon and inures to the benefit of the parties hereto. 9. This Agreement shall be governed by the law of the State of Nebraska. [SIGNATURE PAGES FOLLOW] 2