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200603192 <br />Section 5.5 Governing Law. This Assignment shall be governed in <br />accordance with the terms and provisions of Section 10.3 of the Loan Agreement. <br />Section 5.6 _Termination of Assignment. Upon payment in full of the Debt <br />and reconveyance of the Deed of Trust, Assignment of Leases and Rents, Fixture Filing and <br />Security Agreement dated of even date herewith and executed by Borrower for the benefit of <br />Lender, this Assignment shall become and be void and of no effect. <br />Section 5.7 Notices. All notices or other written communications hereunder <br />shall be delivered in accordance with Section 10.6 of the Loan Agreement. <br />Section 5.8 Intentionally Omitted. <br />Section 5.9 Exculpation. The provisions of Section 9.4 of the Loan <br />Agreement are hereby incorporated by reference into this Assignment to the same extent and <br />with the same force as if fully set forth herein. <br />Section 5.10 Successors and Assigns. This Assignment shall be binding upon <br />and inure to the benefit of Borrower and Lender and their respective successors and assigns <br />forever. <br />Section 5.11 Headings, etc. The headings and captions of various paragraphs <br />of this Assignment are for convenience of reference only and are not to be construed as defining <br />or limiting, in any way, the scope or intent of the provisions hereof. <br />[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] <br />NYLI134 753309.3 -8- <br />