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20100624) other items of Mortgaged Property held hereunder, together with all records and other documents necessary or appropriate in connection with the performance of the duties of the successor beneficiary under this Deed of Trust, and (ii) execute and deliver to such successor beneficiary such amendments to financing statements, and take such other actions, as maybe necessary or appropriate in connection with the assignment to such successor beneficiary of the security interests created hereunder, whereupon such retiring beneficiary shall be discharged from its duties and obligations under this Deed of Trust. After any retiring Agent's resignation hereunder as beneficiary, the provisions of this Deed of Trust shall inure to its benefit as to any actions taken or omitted to be taken by it under this Deed of Trust while it was beneficiary hereunder. 6. The following legend is hereby added to each Deed of Trust: "Notwithstanding anything herein to the contrary, the liens and security interests granted to U.S. Bank National Association, as NEC Agent, pursuant to this Deed of Trust are subject to the provisions of the Intercreditor Agreement dated as of May 7, 2010 (as amended, restated, supplemented or otherwise modified from time to time, the "Intercreditor Agreement"), between RBS Citizens, N.A, as ICE Agent and U.S. Bank National Association, as NEC Agent. In the event of any conflict between the terms of the Intercreditor Agreement and the terms of this Deed of Trust, the terms of the Intercreditor Agreement shall govern and control: ' MISCELLANEOUS 1. This Assignment and Amendment shall be governed by and construed in accordance with the laws of the state of Nebraska. This Assignment and Amendment incorporates all prior and contemporaneous oral and written agreements of the parties hereto with respect to the subject matter hereof. 2. This Assignment and Amendment may be executed in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, and all of which when taken together shall constitute one and the same Assignment and Amendment. 3. Upon the recordation of this Assignment and Amendment, the Assignment and Amendment shall be supplemental to each Deed of Trust and shall encumber the real property described in each Deed of Trust until the Lender Obligations, as amended herein, and all other debts and obligations of NEC to NEC Lenders and 1CE Lenders are fully paid and until the applicable Deed of Trust, as modified by this Assignment and Amendment, is released of record; provided, that this Amendment shall in no way alter the priority of the lien on the Property created by the Deed of Trust, and the terms and provisions of this Amendment shall relate back to the original Deed of Trust. EXHlE31T A TO ASSIGNMENT ANll AMI;NllMENT 12187-5273/LEGAL 18172921. I a/z~/I o