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201301820 <br /> Section 5.8 WAIVER OF TRIAL BY JURY. BORROWER HEREBY <br /> WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RIGHT TO <br /> TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, <br /> WHETHER IN CONTRACT, TORT OR OTHERWISE, RELATING DIRECTLY OR <br /> INDIRECTLY TO THIS ASSIGNMENT, THE NOTE, OR THE OTHER LOAN <br /> DOCUMENTS OR ANY ACTS OR OMISSIONS OF LENDER, ITS OFFICERS, <br /> EMPLOYEES, DIRECTORS OR AGENTS IN CONNECTION THEREWITH. <br /> Section 5.9 Exculpation. The provisions of Article 13 of the Loan Agreement <br /> are hereby incorporated by reference into this Assignment to the same extent and with the same <br /> force as if fully set forth herein. <br /> Section 5.10 Successors and Assigns. This Assignment shall be binding upon <br /> and inure to the benefit of Borrower and Lender and their respective successors and assigns <br /> forever. <br /> Section 5.11 Headings,Etc. The headings and captions of various paragraphs <br /> of this Assignment are for convenience of reference only and are not to be construed as defining <br /> or limiting, in any way, the scope or intent of the provisions hereof. <br /> [NO FURTHER TEXT ON THIS PAGE] <br /> -8- <br /> 79582.000016 EMF_US 44361557v1 <br />