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<br />200600863 <br />ARTICLE 6. . APPLICABLE LAW <br /> <br />Section 6.1. CHOICE OF LAW. This Assignment shall be governed, construed, applied and <br />enforced in accordance with the laws of the state in which the Property is located, without regard to <br />principles of conflicts of law. <br /> <br />Section 6.2. PROVISIONS__SUBJECT TO APPLICABLE LAW. All rights, powers and <br />remedies provided in this Assignment may be exercised only to the extent that the exercise thereof <br />does not violate any applicable provisions of law and are intended to be limited to the extent <br />necessary so that they will not render this Assignment invalid, unenforceable or not entitled to be <br />recorded, registered or filed under the provisions of any applicable laws. <br /> <br />ARTICLE 7. . MISCELLANEOUS PROVISIONS <br /> <br />Section 7.1. CONFLICT OF TERMS. In case of any conflict between the terms of this <br />Assignment and the terms of the Security Instrument, the terms of the Security Instrument shall <br />prevail. <br /> <br />Section 7.2. NO ORAL CijANGE. This Assignment and any provisions hereof may not be <br />modified, amended, waived, extended, changed, discharged or terminated orally, or by any act or <br />failure to act on the part of Borrower or Lender, but only by an agreement in writing signed by the <br />party against whom the enforcement of any modification, amendment, waiver, extension, change, <br />discharge or termination is sought. <br /> <br />Section 7.3. AUTHORITY. Borrower represents and warrants that it has full power and <br />authority to execute and deliver this Assignment and the execution and delivery of this Assignment <br />has been duly authorized and does not conflict with or constitute a default under any law, judicial <br />order or other agreement affecting Borrower or the Property. <br /> <br />Section 7.4. PUPLICATE ORIGINALS; COUNTERPARTS. This Assignment may be <br />executed in any number of duplicate originals and each such duplicate original shall be deemed to be <br />an original. This Assignment may be executed in several counterparts, each of which counterparts <br />shall be deemed an original instrument and all of which together shall constitute a single <br />Assignment. The failure of any party hereto to execute this Assignment, or any counterpart hereof, <br />shall not relieve the other signatories from their obligations hereunder. <br /> <br />Section 7.5. NOTICES. All notices required or permitted hereunder shall be given as provided <br />in the Security Instrument. <br /> <br />Section 7.6. LIAJ:HLITY. If Borrower consists of more than one person, the obligations and <br />liabilities of each such person hereunder shall be joint and several. This Assignment shall be binding <br />upon and inure to the benefit of Borrower and Lender and their respective successors and assigns <br />forever. <br /> <br />Section 7.7. HEADINGS. ETC. The headings and captions of various paragraphs of this <br />Assignment are for convenience of reference only and are not to be construed as defining or limiting, <br />in any way, the scope or intent of the provisions hereof. <br /> <br />Section 7.8. NUMBER AND GENDER. Whenever the context may require, any pronouns <br />used herein shall include the corresponding masculine, feminine or neuter forms, and the singular <br />form of nouns and pronouns shall include the plural and vice versa. <br />