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2 01400402 a part hereof (or to such other address or person as either party or person entitled to notice may by notice to the other party specify). Unless otherwise specified, notices shall be deemed given as follows: (i) if delivered personally, when delivered; (ii) if delivered by nationally recognized overnight courier delivery service, on the business day following the day such material is sent; or (iii) if sent by certified mail, three (3) business days after such notice has been sent by Assignor or Assignee. 18. This Assignment cannot be modified, changed or discharged except by an agreement in writing, duly acknowledged in form for recording, signed by the party against whom enforcement of such modification, change or discharge is sought. 19. This Assignment shall bind and inure to the benefit of the parties hereto and their respective successors and assigns and shall run with the Mortgaged Property. 20. This Assignment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. This Assignment and any documents, certificates or instruments provided in connection with this Assignment may be reproduced by the parties hereto by any photographic, photostatic, microfilm, microcard, digital, miniature photographic or other similar process. To the extent permitted by applicable law, any such reproduction shall be admissible in evidence as the original itself in any judicial or administrative proceeding (whether or not the original is in existence and whether or not such reproduction was made in the regular course of business) and any enlargement, facsimile or further reproduction of such reproduction shall likewise be admissible in evidence. 21. This Assignment shall be governed by and construed in accordance with the laws of the State or Commonwealth in which the Mortgaged Property is located. 22. The limitation of liability as against the Assignor (and its trustees, beneficial owners, members, partners, managers, economic beneficial owners and other constituent parties and other Released Parties (as defined in the Security Instrument)) contained within the Security Instrument is hereby incorporated into this Assignment. 23. If the Mortgaged Property is located in the State of Arizona, the following provision shall apply: Every power of attorney given in this Assignment is a power coupled with an interest and shall survive the dissolution, termination, reorganization or other incapacity of Borrower. In no event shall Lender be obligated to exercise any of the rights and powers for which Borrower has granted Lender a power of attorney. For purposes of A.R.S. § 14- 5501.E, Borrower acknowledges that each power of attorney given in this Assignment forms a part of this Assignment, that it is security for the money and the performance of valuable acts, and that Lender may exercise the power of attorney for its own benefit and need not exercise it for Borrower's best interest. Every power of attorney shall be irrevocable and unaffected by the Borrower so long as any part of the Debt remains unpaid or unperformed. 18766395.1. BUSINESS