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201201591
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Last modified
3/1/2012 8:51:16 AM
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3/1/2012 8:51:16 AM
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DEEDS
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201201591
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201201591 <br />circumsta.nces shall not be affected thereby and shall be enforced to the fullest e�ent permitted <br />by law. <br />14. This Assignment may not be amended, modified or otherwise changed except by <br />a written instrument duly executed by Assignor and Assignee. <br />15. This Assignment shall be in full force and effect continuously from the date <br />hereof to and until the payment, discharge, and performance of any and all indebtedness and <br />obligations evidenced by the Note or secured or guaranteed by any of the Loan Documents, and <br />the release of the Grand Island Mortgage shall, for all purposes, automatically terminate this <br />Assignment and render this Assignment null and void and of no effect whatsoever. <br />16. In case of a conflict between any provision of this Assignment and any provision <br />of the other Loan Documents, the provision sel�cted by Assignee in its sole subjective discretion <br />shall prevail and be controlling. <br />17. All notices, demands, requests or other communications to be sent by one party to <br />the other hereunder or required by law shall be given and become effective as provided in the <br />Loan Agreement. <br />18. This Assignment shall be governed by and construed in accordance with the laws <br />of the State in which the Grand Island Project is located. <br />19. T'his Assignment may be executed in any number of counterparts, each of which <br />shall be effective only upon delivery and thereafter shall be deemed an original, and all of which <br />shall be taken to be one and the same instrument, for the same effect as if all parties hereto had <br />signed the same signature page. Any signature page of this Assignment may be detached from <br />any counterpart of this Assignment without impairing the legal effect of any signatures thereon <br />and may be atta.ched to another counterpart of this Assignment identical in form hereto but <br />having atta.ched to it one or more additional signature pages. <br />20. In addition to, but not in lieu of, any other rights hereunder, Assignee shall have <br />the right to institute suit and obtain a protective or mandatory injunction against Assignor to <br />prevent a breach or default, or to reinforce the observance, of the agreements, covenants, terms <br />and conditions contained herein, as well as the right to damages occasioned by any breach or <br />default by Assignor. <br />21. Assignor hereby covenants and agrees that Assignee shall be entitled to all of the <br />rights, remedies and benefits available by statute, at law, in equity or as a matter of practice for <br />the enforcement and perfection of the intents and purposes hereof. Assignee shall, as a matter of <br />absolute right, be entitled, upon application to a court of applicable jurisdiction, and without <br />notice to Assignor, to the appointment of a receiver to obtain and secure the rights of Assignee <br />hereunder and the benefits intended to be provided to Assignee hereunder. <br />ASSIGNMENT OF LEASES AND RENTS Page 7 <br />#3982194 <br />
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