NDC SKYLINE/FREM0NT 1 - 2006 - Laserfiche WebLink

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Assignment had not been made. Borrower authorizes any third party to rely exclusively on the certificate of an officer of Lender or its successor for the establishment of an Event of Default and hereby waives and releases any claim Borrower may have against such third party for such reliance. Borrower hereby agrees to deliver to Lender, upon Lender's written demand, all instruments and documents as Lender may reasonably require in order to permit Lender's succession to the right, title and interest of Borrower in and to the Sandpointe Agreement as provided herein. It is hereby recognized that the power of attorney herein granted is coupled with an interest and is irrevocable. At Lender's option, Lender may record this Assignment in the recording location. 8. No Release or Termination. The taking of this Assignment by Lender shall not effect the release of any other collateral now or hereafter held by Lender as security for the obligations of Borrower under the Loan Documents, nor shall the taking of additional security for any such obligations hereafter effect a release or termination of this Assignment, or any terms or provisions hereof. 9. No Waiver. No failure or delay on the part of Lender in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies hereunder are cumulative and may be exercised by Lender either independently of or concurrently with any other right, remedy or power contained herein or in any instrument executed in connection with the Loan Agreement. 10. Captions. The section titles or captions contained in this Assignment are for convenience only and shall not be deemed to define, limit or otherwise modify the scope or intent of this Assignment. 11. Variation in Pronouns. All the terms and words used in this Assignment, regardless of the number and gender in which they are used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine, or neuter, as the context or sense of this Assignment or any paragraph or clause herein may require, the same as if such word had been fully and properly written in the correct number and gender. 12. Notices. Any notice, demand, request or other communication which any party hereto may be required or may desire to give hereunder shall be in writing, addressed as follows and shall be deemed to have been properly given if hand delivered, if sent by reputable overnight courier (effective the Business Day following delivery to such courier), if sent by telecopy with confirmation of receipt and a hard copy mailed in accordance with the provisions of this Section 12 (effective the business day following receipt of confirmation of receipt) or if mailed (effective when received or when receipt thereof is first refused by the intended recipient of the notice) by United States registered or certified mail, postage prepaid, return receipt requested: To Borrower: NDC Skyline Associates, LLC cia Nexus Development 1 MacArthur Place, Suite 300 Santa Ana, California 92707 Attention: Curtis R. Olson To Lender: Fremont Investment & Loan 2727 E. Imperial Highway Brea, California 92821-6713 Attention: Commercial Real Estate Asset Management Loan No. 950114974 with a copy to: Fremont Investment & Loan 2425 Olympic Boulevard Third Floor, East Santa Monica, California 90404 780574.01/0C N6003-044/6-8-06/sij/sij -3-