PAYMENT IN FULL OF THE
DEBT, THIS ASSIGNMENT SHALL BECOME AND BE VOID AND OF NO EFFECT.
SECTION 5.7
NOTICES.
ALL NOTICES OR OTHER WRITTEN COMMUNICATIONS
HEREUNDER SHALL BE DELIVERED IN ACCORDANCE WITH SECTION 10.6 OF THE LOAN
AGREEMENT.
SECTION 5.8
WAIVER OF TRIAL BY JURY.
BORROWER HEREBY WAIVES, TO THE
FULLEST EXTENT PERMITTED BY LAW, THE RIGHT TO TRIAL BY JURY IN ANY ACTION,
PROCEEDING OR COUNTERCLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, RELATING
DIRECTLY OR INDIRECTLY TO THIS ASSIGNMENT, THE NOTE, OR THE OTHER LOAN DOCUMENTS
OR ANY ACTS OR OMISSIONS OF LENDER, ITS OFFICERS, EMPLOYEES, DIRECTORS OR AGENTS
IN CONNECTION THEREWITH.
SECTION 5.9
EXCULPATION.
THE PROVISIONS OF SECTION 9.3 OF THE LOAN
AGREEMENT ARE HEREBY INCORPORATED BY REFERENCE INTO THIS ASSIGNMENT TO THE SAME
EXTENT AND WITH THE SAME FORCE AS IF FULLY SET FORTH HEREIN.
SECTION 5.10
SUCCESSORS AND ASSIGNS.
THIS ASSIGNMENT SHALL BE BINDING
UPON AND INURE TO THE BENEFIT OF BORROWER AND LENDER AND THEIR RESPECTIVE
SUCCESSORS AND ASSIGNS FOREVER.
SECTION 5.11
HEADINGS, ETC.
THE HEADINGS AND CAPTIONS OF VARIOUS
PARAGRAPHS OF THIS ASSIGNMENT ARE FOR CONVENIENCE OF REFERENCE ONLY AND ARE NOT
TO BE CONSTRUED AS DEFINING OR LIMITING, IN ANY WAY, THE SCOPE OR INTENT OF THE
PROVISIONS HEREOF.
8
[SIGNATURE PAGE FOLLOWS]
9
IN WITNESS WHEREOF, Borrower has executed this Assignment of Leases and Rent the
day and year first above written.
[SEE SEPARATE SIGN PAGE]
EXHIBIT A
Legal Description