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202204846 <br />A. Any payment of rent or additional rent for more than one (1) month in advance, except <br />prepayments in the nature of security for the performance by the tenant of its obligations <br />under the Lease; or <br />B. Any amendment or modification of the Lease made without the consent of Assignee or such <br />successor -in -interest. <br />Each Lease also shall provide that, upon request by the successor -in -interest, the tenant shall execute and <br />deliver an instrument or instruments confirming such attornment. <br />VIII. Release. Upon payment in full of the Secured Indebtedness, as evidenced by a recorded <br />satisfaction or release of the Deed of Trust as well as any sums which may be payable hereunder, this <br />Assignment shall become and be void and of no effect. <br />IX. Amendments and Discharge. No change, amendment, modification, cancellation or <br />discharge of this Assignment, or any part hereof, shall be valid unless Assignee shall have consented <br />thereto in writing. <br />X. Successors and Assigns. The terms, covenants and conditions contained herein shall <br />inure to the benefit of, and bind Assignor, Assignee and their successors and assigns. <br />XI. Governing Law. This Assignment shall be governed by and construed in accordance <br />with the laws of the State of Kansas without reference to conflict of laws principles, except that federal law <br />shall govern when SBA is the holder of the Note as more fully set forth below. <br />The Loan secured by this lien was made under a United States Business Administration <br />(SBA) nationwide program which uses tax dollars to assist small business owners. If the United States is <br />seeking to enforce this document, then under SBA regulations: <br />(a) When SBA is the holder of the Note, this document and all documents <br />evidencing or securing this loan will be construed in accordance with federal law. <br />(b) CDC or SBA may use local or state procedures for purposes such as <br />filing papers, recording documents, giving notice, foreclosing liens, and other purposes. <br />By using these procedures, SBA does not waive any federal immunity from local or state <br />control, penalty, tax or liability. No Borrower or Guarantor may claim or assert against <br />SBA any local or state law to deny any obligation of Borrower, or defeat any claim of <br />SBA with respect to this Loan. <br />Any clause in this document requiring arbitration is not enforceable when SBA is the holder of the Note <br />secured by this instrument. <br />XII. Severability. If any provision of this Assignment, or the application hereof to any <br />person, entity or circumstance, shall to any extent be invalid or unenforceable, the <br />remainder of the provisions of this Assignment, or the application of such provision to <br />other persons, entities or circumstances, shall not be affected thereby, and each provision <br />of this Assignment shall be valid and enforceable to the fullest extent permitted by law. <br />IN WITNESS WHEREOF, the undersigned has executed this Assignment as of the date first <br />above written. <br />