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<br />200603081
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<br />Assignment. The fai i c I re of any party hereto to execute this Assignment, or any counterpart hereof,
<br />shall not relieve the 0' ler signatories from their obligations hereunder.
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<br />Section 7.5. N(:'TlCES. All notices required or permitted hereunder shall be given as provided
<br />in the Security Instrul.~'nt.
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<br />Section 7.6. L \ BILITY. If Borrower consists of more than one person, the obligations and
<br />liabilities of each Slle: 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.
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<br />Section 7.7. lADINGS, ETe. The headings and captions of various paragraphs of this
<br />Assignment are for Ci. . venience of reference only and are not to he construed as defining or limiting,
<br />in any way, the scope Ir intent of the provisions hereof.
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<br />Section 7.8. 1\ MBER AND GENDER. Whenever the context may require, any pronouns
<br />used herein shall inc:, ide the corresponding masculine, felninine or neuter forms, and the singular
<br />form of nouns and PI', iouns shall include the plural and vice versa,
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<br />Section 7.9. S; !_EDISCRETIOtl OF LENDER. Wherever pursuant to this Assignment (a)
<br />Lender exercises any ight given to it to approve or disapprove, (b) any arrangement or term is to be
<br />satisfactory to Lemk,. or (c) any other decision or determination is to be made by Lender, the
<br />decision of Lender to ,pprove or disapprove, all decisions that arrangements or terms are satisfactory
<br />or not satisfactory al all other decisions and determinations made by Lender, shall be in the sole
<br />discretion of Lender, .\cept as may be otherwise expressly and specifically provided herein.
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<br />Section 7.10.
<br />applicable law, when
<br />expenses, such costs.
<br />Lender, whether witl
<br />or otherwise.
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<br />OSTS AND EXPENSES OF BORRQWER. To the extent permitted by
<br />cr pursuant to this Assignment it is provided that Borrower pay any costs and
<br />cd l~xpenses shall include, but not be limited to, legal fees and disbursements of
<br />_'speet to retained firms, the reimbursement of the expenses for in-house staff
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<br />Section 7.] 1.
<br />to be invalid, illegal (
<br />provIsIon.
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<br />VERABILITY. If any term, covenant or condition of this Assignment is held
<br />unenforceable in any respect, this Assignment shall be construed without such
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<br />Section 7.12../ AIVER OF TRIAL BY JURY. BORROWER AND LENDER, BY ITS
<br />ACCEPTANCE HE: '~OF, EACH HEREBY IRREVOCABLY WAIVE, TO THE FULLEST
<br />EXTENT PERMITT: U BY LAW, THE RIGHT TO I'RIAL BY JURY IN ANY ACTION,
<br />PROCEEDING OR .)UNTERCLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE,
<br />RELA TING DIREC Y OR INDIRECTLY TO THE LOAN EVIDENCED BY THE NOTE, THE
<br />APPLICATION FOI< THE LOAN EVIDENCED BY THE NOTE, THIS ASSIGNMENT, THE
<br />NOTE, THE SECUR i'Y INSTRUMENT OR THE OTHER SECURITY DOCUMENTS OR ANY
<br />ACTS OR OMISSH \.JS OF ANY PARTY OR ANY or THEIR RESPECTIVE OFFICERS,
<br />EMPLOYEES,DIRr TORS OR AGENTS IN CONNECTION TIIEREWITH. THIS WAIVER OF
<br />THE RIGHT TO 'II:, \L BY JURY IS A MATERIAL INDUCEMENT TO THE LENDER FOR
<br />THE LENDER TO f\i \ KE THE LOAN.
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<br />THIS ASSIGNMEN together with the covenants and warranties therein contained, shall inure to
<br />the benefit of Lender ,:1(.1 any subsequent hold 'the Security Instrument and shall be binding upon
<br />Borrower, its hcirs, l_'cutors, adrninist", rs, suc , , and (lssigns and any subsequent owner of
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<br />YlJ 91(
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