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<br /> 20090'7'704
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<br /> 12. &leas . Upon payment in full of the Secured indebtedness, as evidence by a recorded satisfaction or release of the Deed of Trust,
<br /> as well as any sums which may be payable hereunder, this Assignment shall become and be void and of no effect.
<br /> 13. Amendments and Discharge. No change, amendment, modification, cancellation or discharge of this Assignment, or any part
<br /> hereof, shall be valid unless Assignee shall have consented thereto in writing.
<br /> 14. Successors and Assigns. The terms, covenants and conditions contained herein shall inure to the benefit of, and bind Assignor,
<br /> Assignee and their successors and assigns.
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<br /> 15. ver 'n Law. This Assignment shall be governed by and construed in accordance with the laws of State of Nebraska, without
<br /> reference to conflict of law principles, except that federal law shall govern when SBA is the holder of the Note as more fully set
<br /> forth below.
<br /> The Loan secured by this lien was made under a United States Small Business Administration (SBA) nationwide program which
<br /> uses tax dollars to assist small business owners. If the United States is seeking to enforce this document, the under SBA
<br /> regulations:
<br /> (a) When SBA is the holder of the Note, this document and all documents evidencing or securing this Loan will be
<br /> construed in accordance with federal law.
<br /> (b) CDC or SBA may use local or state procedures for purposes such as filing paper, recording documents, giving notice,
<br /> foreclosing liens, and other purposes. By using these procedures, SBA does not waiver any federal immunity from
<br /> local or state control, penalty, tax or liability. No Borrower or Guarantor may claim or assert against SBA any local
<br /> or state law to deny any obligation of Borrower, or defeat any claim of 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 secured by this instrument.
<br /> 16. Seyerability. If any provision of this Assignment, or the application hereof to any person, entity or circumstance, shall to any extent
<br /> be invalid or unenforceable, the remainder of the provisions of this Assignment, or the application of such provision to other
<br /> persons, entities or circumstances, shall not be affected thereby, and each provision of this Assignment shall be valid and
<br /> enforceable to the fullest extent permitted by law.
<br /> IN WITNESS WHEREOF, the undersigned has executed this Assignment as of the date first above written.
<br /> ASSIGNOR
<br /> Carpenter Real Estate, Inc., Grand Island Subs, Inc.,
<br /> a Nebraska Corporation a Nebrask orporation
<br />
<br /> By: C.~ By:
<br /> Todd A. Carpenter, President and Secretary Todd A. Carpenter, President and Secretary
<br />
<br /> STATE OF NEBRASKA )
<br /> ) ss.
<br /> COUNTY OF HALL )
<br /> The foregoing instrument was acknowledged before me this 18th da to ber, 009 by Todd A. Carpenter, President and
<br /> Secretary of Carpenter Real Estate, Inc., a Nebraska Corporation, on behalf c rp tion
<br /> GENERAL NOTARY-State Of Nebraska
<br /> MI Heldl S. Fuelling
<br /> e _0'0. N My Comm. Exp. February 13, 2012
<br /> ub
<br /> STATE OF NEBRASKA )
<br /> ) ss.
<br /> COUNTY OF HALL )
<br /> The foregoing instrument was acknowledged before me this 18odao to ber, 2009 by Todd A. Carpenter, President and
<br /> Secretary of Grand Island Subs, Inc., a Nebraska Corporation, on behalf i
<br /> Gt NERAL ROTARY-State of Nebraska
<br /> Hold[ SJling .:.r.., My Callen. Cxp. bruary 15, Assignee does hereby sell, assign and transfer unto SBA, all of Its right, title and interest to this Assign t of Leases and Rents.
<br />
<br /> NEBRASKA ECONOMIC DEVELOPMENT
<br /> CORPO ,N L
<br />
<br />
<br /> By: G
<br /> Scott ors, President
<br /> STATE OF NEBRASKA )
<br /> ) ss.
<br /> COUNTY OF LANCASTER )
<br /> The foregoing instrument was acknowledged before me on thisol day of Se t ber, 2009, in the above jurisdiction by Scott Sailors,
<br /> President of Nebraska Economic Development Corporation, on behalf of the co ti n.
<br /> GENERAL NOTARY-5tatc Of {6ebraska 11 Held- S. Fuelling q
<br /> ter.. My Camm. Exp. February 1 5, 2012
<br /> is
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