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; f 00517 <br />Fby the prevailing party. If Borrower shall become <br />t subject to any case or proceeding under the Bankruptcy <br />Reform Act, as amended or reac4ified from time to time, <br />Borrower shall p to Lender on demand all attorneyst <br />fees,, costs seed expenses which Lender may incur in <br />order to obtain relief from• any provision of the Act <br />which delays or otherwise impairs Lender's exercise of <br />any right or remedy under this Assignment or any of the <br />Loan Documents, or in order: to obtain adequate <br />protection for any of Lender's rights or collateral. <br />12. Heirs. Successors and Assigns. <br />Subject to the limitations elsawhere contained in this <br />Assignment, the terms of this Assignment shall be <br />binding upon and inure to the., benefit of the heirs, <br />successors and assigns of Borrower and Lender, <br />including without limitation, any subsequent owner of <br />the Property. There shall be no third party <br />beneficiaries of this Assignment. <br />13. Time. <br />Time is of the essence of each.term of this Assignment. <br />14. Headings. <br />All headings appearing in'.this Assignment are for <br />convenience only and shall be.diskegarded in construing <br />the substantive provisions of.this Jkrasignment. <br />iB. Lit• <br />This Assignment shall be governed by and construed in <br />aresrdance wUIUne Laws o f the State in which the <br />Subject Property is located,,except.to the extent that <br />Federal laws or the rules and:-regulations of the <br />Federae2 Home Loan Bank Board preempt the laws of the <br />State in which the Subject Property is located, in <br />which case Lender shall be entitled to such Federal <br />rights and remedies without regard to conflicting <br />limitation imposed by State I' <br />aw <br />16. Waiver. <br />Nothing contained in thi6'Assignment., and no act done <br />or omitted by Lender pursuant-to the powers and rights <br />granted Lender, shall be deemed to be a waiver by <br />Lender of its rights and remedies under the Loan <br />Documents; and this Assignment is. -made and accepted <br />without prejudice to any, of the rights and remedies <br />possessed by Lender under the terms of the Loan <br />Documents. The rights and remedies of Lender under <br />this Assignment are cumulative, and no exercise of any <br />right or remedy shall preclude the exercise of any <br />other right or remedy or the later exercise of the same <br />right or remedy. Waivers and approvals under this <br />Assignment shall be in writing; and, unless expressly <br />stated, waivers and approvals shall apply only to the <br />specific circumstances addressed. No waiver under this <br />Assignment shall operate under any of the Loan <br />Documents. <br />17. Satisfaction. <br />Upon payment in full .of all indebtedness secured by <br />this Assignment, this Assignment shall be void and of <br />no effect; but the affidavit df any, officer of Lender <br />:showing any part of said indebtedness remains unpaid <br />shall - -#e conclusive evidence of the validity, <br />effectiveness and continuing force of this Assignment; <br />and any person may, and is hereby authorized to rely <br />upon any such affidavit. <br />7 <br />ANEW <br />E`- <br />pa <br />