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20150207E <br />17. Waiver. Nothing contained in this Assignment, and no act done or omitted by Lender <br />pursuant to the powers and rights granted Lender, shall be deemed to be a waiver by <br />Lender of its rights and remedies under the other Loan Documents; and this Assignment <br />is made and accepted without prejudice to any of the rights and remedies possessed by <br />Lender under the terms of the other Loan Documents. The rights and remedies of Lender <br />under this Assignment are cumulative, and no exercise of any right or remedy shall <br />preclude the exercise of any other right or remedy or the later exercise of the same right <br />or remedy. Waivers and approvals under this Assignment must be in writing to be <br />effective; and, unless expressly stated, waivers and approvals shall apply only to the <br />specific circumstances addressed. No waiver under this Assignment shall operate under <br />any of the other Loan Documents. <br />18. Satisfaction. Upon payment in full of all indebtedness secured by this Assignment, this <br />Assignment shall terminate and be of no further effect; but any person may, and is hereby <br />authorized to rely upon the affidavit of any officer of Lender showing that any part of <br />said indebtedness remains outstanding and that this Assignment remains in effect. <br />19. Interest. In the event Lender expends funds on behalf of Borrower in exercising any of <br />Lender's rights or remedies under this Assignment, such sums, including reasonable <br />attorneys' fees, shall be secured by this Assignment and the other Loan Documents, and <br />any such sums shall bear interest at the default rate specified in the Note until reimbursed <br />by Borrower to Lender. <br />20. Other Security. Lender may take or release other security for the payment of the <br />indebtedness secured by this Assignment, and Lender may release any party primarily or <br />secondarily liable for the payment of any such indebtedness and may apply any other <br />security held by Lender to the satisfaction of such indebtedness without prejudice to any <br />of Lender's rights under this Assignment. <br />21. Definition. The terms "lessor" and "lessors" as used in this Assignment shall include all <br />landlords, licensors and other parties in a similar position with respect to the Leases. The <br />term "lessee" and "lessees" shall include any tenants and licensees and any other parties <br />in a similar position, and shall also include any guarantors or other obligors of the Leases. <br />22. SNDA's and Estoppel Certificate. Within thirty (30) days after request by Lender, <br />Borrower shall use commercially reasonable efforts to deliver, in recordable form, to <br />Lender and to any party designated by Lender, subordination, nondisturbance and <br />attornment agreements and/or estoppel certificates executed by Borrower and lessees', <br />the forms to be provided to Borrower by Lender, provided that following the Loan <br />closing and as long as Borrower is not in Default, Lender agrees that it will not request <br />such instruments more than once annually without reimbursing Borrower for its actual <br />costs in procuring such instruments. <br />Provided that Borrower uses commercially reasonable efforts, Borrower's or any lessee's <br />failure to deliver any such certificate in time shall not be a Default under this Assignment <br />or any of the other Loan Documents but shall be conclusive upon Borrower that: (i) this <br />10 <br />