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201001991 (b) All notices, requests and other communications hereunder shall be deemed to have been duly given and received if delivered in accordance with the provisions set forth in the Loan Agreement. (c) Assignor hereby agrees to indemnify and hold Lender harmless from and against any and all liability, loss, damage or expense which Lender may incur under or by reason af: (i) this Assignment; (ii) any reasonable action taken by Lender to protect its security hereunder; or (iii) the defense of any and all claims and demands whatsoever which may be alleged against Lender arising out of the Lease or the Contracts, or by reason of any alleged obligation to perform any of the terms of the Lease or the Contracts. Should Lender incur any such liability, lass, damage or expense under the Lease, the Contracts ar this Assignment, or in the defense of any such claims the amount thereof, including costs and reasonable attorneys' fees incurred, with interest thereon at the Default rate provided in the Note, shall be payable by Assignor immediately upon written demand, and shall be secured by the Loan Documents. (d) Lender's failure to avail itself of any of the rights and remedies set forth in this Assignment for any period of time ar at any time shall not be construed or deemed to be a waiver of any such right or remedy and nothing herein contained nor anything done or omitted to be done by Lender pursuant hereto shall be deemed a waiver by Lender of any of its rights and remedies under the Note and Loan Documents or of the benefit of the laws of the State of Nebraska. (e) If any provision of this Assignment or the application thereof to any entity, person or circumstance shall be invalid or unenforceable to any extent, then the remainder of this Assignment and the application of such provisions to other entities, persons, governmental agencies or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. (f) No variations, modifications or changes herein or hereof shall be binding unless set forth in a document duly executed by Lender and Assignor. (g) This Assignment shall be governed by and construed in accordance with the laws of the State of Nebraska. (h) Notwithstanding anything contained herein to the contrary, in no event shall this Assignment be deemed to reduce the indebtedness evidenced by the Nate by an amount in excess of the actual amount of cash received by Lender under the Lease. In addition, Lender reserves the right, at any time, whether before or after the occurrence of an Event of Default as defined in the Loan Documents, to recharacterize this Assignment as merely constituting security for the indebtedness of Assignor to Lender, which recharacterization shall be made by written notice delivered to Assignor. 6