NAME OF BORROWER TO THE EXTENT LENDER MAY LAWFULLY DO SO, ONE OR MORE
FINANCING STATEMENTS, CHATTEL MORTGAGES OR COMPARABLE SECURITY INSTRUMENTS, TO
EVIDENCE MORE EFFECTIVELY THE LIEN AND SECURITY INTEREST HEREOF IN AND UPON THE
LEASES.
ARTICLE 5
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MISCELLANEOUS PROVISIONS
SECTION 5.1
CONFLICT OF TERMS.
IN CASE OF ANY CONFLICT BETWEEN THE
TERMS OF THIS ASSIGNMENT AND THE TERMS OF THE LOAN AGREEMENT, THE TERMS OF THE
LOAN AGREEMENT SHALL PREVAIL.
SECTION 5.2
NO ORAL CHANGE.
THIS ASSIGNMENT AND ANY PROVISIONS
HEREOF MAY NOT BE MODIFIED, AMENDED, WAIVED, EXTENDED, CHANGED, DISCHARGED OR
TERMINATED ORALLY, OR BY ANY ACT OR FAILURE TO ACT ON THE PART OF BORROWER OR
LENDER, BUT ONLY BY AN AGREEMENT IN WRITING SIGNED BY THE PARTY AGAINST WHOM THE
ENFORCEMENT OF ANY MODIFICATION, AMENDMENT, WAIVER, EXTENSION, CHANGE, DISCHARGE
OR TERMINATION IS SOUGHT.
SECTION 5.3
GENERAL DEFINITIONS.
ALL CAPITALIZED TERMS NOT DEFINED
HEREIN SHALL HAVE THE RESPECTIVE MEANINGS SET FORTH IN THE LOAN AGREEMENT.
UNLESS THE CONTEXT CLEARLY INDICATES A CONTRARY INTENT OR UNLESS OTHERWISE
SPECIFICALLY PROVIDED HEREIN, WORDS USED IN THIS ASSIGNMENT MAY BE USED
INTERCHANGEABLY IN SINGULAR OR PLURAL FORM AND THE WORD "BORROWER" SHALL MEAN
"EACH BORROWER AND ANY SUBSEQUENT OWNER OR OWNERS OF THE PROPERTY OR ANY PART
THEREOF OR INTEREST THEREIN," THE WORD "LENDER" SHALL MEAN "LENDER AND ANY
SUBSEQUENT HOLDER OF THE NOTE", THE WORD "NOTE" SHALL MEAN "THE NOTE AND ANY
OTHER EVIDENCE OF INDEBTEDNESS SECURED BY THE "SECURITY INSTRUMENT," THE WORD
"PERSON" SHALL INCLUDE AN INDIVIDUAL, CORPORATION, PARTNERSHIP, LIMITED
LIABILITY COMPANY, TRUST, UNINCORPORATED ASSOCIATION, GOVERNMENT, GOVERNMENTAL
AUTHORITY, AND ANY
7
OTHER ENTITY, "LOAN AGREEMENT", THE WORD "PROPERTY" SHALL INCLUDE ANY PORTION OF
THE PROPERTY AND ANY INTEREST THEREIN, THE PHRASES "ATTORNEYS' FEES," "LEGAL
FEES" AND "COUNSEL FEES" SHALL INCLUDE ANY AND ALL ATTORNEY'S, PARALEGAL AND LAW
CLERK FEES AND DISBURSEMENTS, INCLUDING, BUT NOT LIMITED TO, FEES AND
DISBURSEMENTS AT THE PRE TRIAL, TRIAL AND APPELLATE LEVELS INCURRED OR PAID BY
LENDER IN PROTECTING ITS INTEREST IN THE PROPERTY, THE LEASES AND THE RENTS AND
ENFORCING ITS RIGHTS HEREUNDER AND THE WORD "DEBT" SHALL MEAN THE PRINCIPAL
BALANCE OF THE NOTE WITH INTEREST THEREON AS PROVIDED IN THE NOTE AND SECURITY
INSTRUMENT AND ALL OTHER SUMS DUE PURSUANT TO THE NOTE, THE SECURITY INSTRUMENT,
THIS ASSIGNMENT AND THE OTHER LOAN DOCUMENTS; WHENEVER THE CONTEXT MAY REQUIRE,
ANY PRONOUNS USED HEREIN SHALL INCLUDE THE CORRESPONDING MASCULINE, FEMININE OR
NEUTER FORMS, AND THE SINGULAR FORM OF NOUNS AND PRONOUNS SHALL INCLUDE THE
PLURAL AND VICE VERSA.
SECTION 5.4
INAPPLICABLE PROVISIONS.
IF ANY TERM, COVENANT OR
CONDITION OF THIS ASSIGNMENT IS HELD TO BE INVALID, ILLEGAL OR UNENFORCEABLE IN
ANY RESPECT, THIS ASSIGNMENT SHALL BE CONSTRUED WITHOUT SUCH PROVISION.
SECTION 5.5
GOVERNING LAW.
THIS ASSIGNMENT SHALL BE GOVERNED BY AND
CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE IN WHICH THE PROPERTY IS
LOCATED (WITHOUT REGARD TO ANY CONFLICT OF LAWS OR PRINCIPLES) AND THE
APPLICABLE LAWS OF THE UNITED STATES OF AMERICA.
SECTION 5.6
TERMINATION OF ASSIGNMENT.
UPON