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.... - r A8- 102044 and Ass ignee that a 11 excess amounts theretofore collected by Ass ignee be credi ted on the Indebtedness (or, if the Indebtedness has been or would thereby be paid in full, refunded to Assignor), and the provisions of the Loan Documents immediately - be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply wi th the applicable law, but so as to permi t the recovery of the fullest amount otherwise called for hereunder and thereunder. The right to accelerate maturity of the Indebtedness does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Assignee does not intend to collect any unearned interest in the event of acceleration. All sums paid or agreed to be paid to Assignee for the use, forbearance or detention of the Indebtedness evidenced hereby shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full term of the Indebtedne~s until payment in full so that the rate or amount of interest on account of the Indebtedness does not exceed the maximum rate or amount of interest permitted under applicable law. The term "applicable law" as used herein shall mean the laws of the state of Nevada (or applicable United States federal law to the extent that it permits Assignee to contract for, charge, take, reserve or receive a greater amount of intErest than under Nevada law). 8.12 Headinqs. The entitlements hereof are only and shall in no way construing, the text Subparagraphs. Article, Paragraph and Subparagraph inserted for convenience of reference alter, modify or define, or be used in of such Articles, Paragraphs or EXECUTED as of the date first above written, effective as of the date first above written. to be ASSIGNOR: SUNWEST N.O.P., INC., a Nevada corporation , ./ ,-. /. 'J ' By: ;ftJtA.<-'-/ ~ Ti t Ie : ;</;"'( (J..J}~.r -e,,""";- --,-: I ~ ~. r - '-- '-~~~ , - , Sl:!cretary - -, __,I, .. . "\ .' 1 J;; Attest: .., ;:: [SEAL] . '_'~~":~-~.:~."~'''-..~~ , .' ~...." -"'." I ". c' ,-- ;" ,'-:. <,~; :;' ~';) :, -' 0.. ' . ":-..: ,.~';- ". . '" ..... ....': :s>'- :...4....,.~~ ~:\ .s.~.;~..\ I fir ~: I B ~ ~'-'.l'\' - 15 - L ~ L