Common use of Assignment of Plans Clause in Contracts

Assignment of Plans. As additional security for the payment of the Loan, Borrower hereby transfers and assigns to Lender all of ▇▇▇▇▇▇▇▇'s right, title, and interest in and to the Plans and hereby represents and warrants to and agrees with ▇▇▇▇▇▇ as follows: (a) The Plans delivered to Lender are complete and accurate. (b) The Plans are complete and adequate for the construction of the Improvements and there have been no modifications thereof. The Plans shall not be modified without the prior written consent of Lender and Permanent Lender. (c) Lender may direct the Architect to supply it (without cost) a copy of the Plans at any time and may use the Plans for any purpose relating to the Improvements, including but not limited to inspections of construction and the completion of the Improvements. (d) ▇▇▇▇▇▇'s acceptance of this assignment shall not constitute approval of the Plans by ▇▇▇▇▇▇. Lender has no liability or obligation whatsoever in connection with the Plans and no responsibility for the adequacy thereof or for the construction of the Improvements contemplated by the Plans. Lender has no duty to inspect the Improvements, and, if Lender should inspect the Improvements, Lender shall have no liability or obligation to Borrower arising out of such inspection. No such inspection nor any failure by Lender to make objections after any such inspection shall constitute a representation by Lender that the Improvements are in accordance with the Plans or constitute a waiver of Lender's right thereafter to insist that the Improvements be constructed in accordance with the Plans. (e) This assignment shall inure to the benefit of Lender, its successors and assigns, including any purchaser upon foreclosure of the Deed of Trust, any receiver in possession of the Property, and any corporation formed by or on behalf of Lender which assumes ▇▇▇▇▇▇'s rights and obligations under this Loan Agreement.

Assignment of Plans. As additional security for the payment of the Loan, Borrower hereby transfers and assigns to Lender TMCC all of ▇▇▇▇▇▇▇▇'s Borrower’s right, title, and interest in and to the Architectural Contract and Plans and hereby represents and warrants to and agrees with ▇▇▇▇▇▇ TMCC as follows: (a) The schedule of the Plans delivered to Lender are TMCC is a complete and accurateaccurate description of the Plans. (b) The Plans are complete and adequate for the construction of the Improvements and there have been no modifications thereofthereof except as described in such schedule. The Plans shall not be materially modified without the prior written consent of Lender and Permanent LenderTMCC. (c) Lender may direct the Architect to supply it (without cost) a copy of the Plans at any time and TMCC may use the Plans for any purpose relating to the Improvements, including but not limited to inspections of construction and the completion of the Improvements. (d) ▇▇▇▇▇▇'s TMCC’s acceptance of this assignment shall not constitute approval of the Plans by ▇▇▇▇▇▇TMCC. Lender TMCC has no liability or obligation whatsoever in connection with the Plans and no responsibility for the adequacy thereof or for the construction of the Improvements contemplated by the Plans. Lender TMCC has no duty to inspect the Improvements, and, if Lender TMCC should inspect the Improvements, Lender TMCC shall have no liability or obligation to Borrower arising out of such inspection. No such inspection nor any failure by Lender TMCC to make objections after any such inspection shall constitute a representation by Lender TMCC that the Improvements are in accordance with the Plans or constitute a waiver of Lender's TMCC’s right thereafter to insist that the Improvements be constructed in accordance with the Plans. (e) This assignment shall inure to the benefit of LenderTMCC, its successors and assigns, including any purchaser upon foreclosure of the applicable Deed of Trust, any receiver in possession of the Property, and any corporation formed by or on behalf of Lender TMCC which assumes ▇▇▇▇▇▇'s TMCC’s rights and obligations under this Loan Agreement.

Assignment of Plans. As additional security for the payment of the Loan, Borrower hereby transfers and assigns to Lender all of ▇▇▇▇▇▇▇▇'s Borrower’s right, title, and interest in and to the Plans and hereby represents and warrants to and agrees with ▇▇▇▇▇▇ Lender as follows: (a) The schedule of the Plans delivered to Lender are is a complete and accurate.accurate description of the Plans; (b) The Plans are complete and adequate for the construction of the New Improvements and there have been no modifications thereofthereof except as described in such schedule. The Except in conjunction with a permitted change order, the Plans shall not be modified without the prior written consent of Lender, which consent by Lender and Permanent Lender.shall not be unreasonably withheld; (c) Lender may direct the Architect to supply it (without cost) a copy of the Plans at any time and may use the Plans for any purpose relating to the New Improvements, including but not limited to inspections of construction and the completion of the New Improvements.; (d) ▇▇▇▇▇▇'s Lender’s acceptance of this assignment shall not constitute approval of the Plans by ▇▇▇▇▇▇Lender. Lender has no liability or obligation whatsoever in connection with the Plans and no responsibility for the adequacy thereof or for the construction of the New Improvements contemplated by the Plans. Lender has no duty to inspect the New Improvements, and, if Lender should inspect the New Improvements, Lender shall have no liability or obligation to Borrower arising out of such inspection. No such inspection nor any failure by Lender to make objections after any such inspection shall constitute a representation by Lender that the New Improvements are in accordance with the Plans or constitute a waiver of Lender's ’s right thereafter to insist that the New Improvements be constructed in accordance with the Plans.; and (e) This assignment shall inure to the benefit of Lender, its successors and assigns, including any purchaser upon foreclosure of the Deed of TrustMortgage, any receiver in possession of the Property, and any corporation formed by or on behalf of Lender which assumes ▇▇▇▇▇▇'s Lender’s rights and obligations under this Loan Agreement.

Assignment of Plans. As additional security for the payment of the LoanIndebtedness, Borrower hereby transfers and assigns to Lender all of ▇▇▇▇▇▇▇▇'s Borrower’s right, title, and interest in and to the Plans and hereby represents and warrants to represents, warrants, and agrees with ▇▇▇▇▇▇ Lender as follows: (a) The each schedule of the Plans delivered or to be delivered to Lender are is a complete and accurate.accurate description of the Plans in all material respects as of such date; (b) The to Borrower’s knowledge, the Plans are will be complete and adequate for the construction of the Improvements and there have been no modifications thereof except as described in such schedule. After approval thereof. The , the Plans shall not be modified without the prior written consent of Lender and Permanent Lender.(except as expressly permitted herein); (CYPRESS/FAIRFIELD) (c) Lender may direct the Architect to supply it (without cost) a copy of the Plans at any time and may only use the Plans for any purpose relating to the Improvements, including but not limited to including, without limitation, construction inspections of construction and the completion Completion of the Improvements.; (d) ▇▇▇▇▇▇'s Lender’s acceptance of this assignment shall not constitute approval of the Plans by ▇▇▇▇▇▇Lender. Lender has no liability or obligation whatsoever in connection with the Plans and no responsibility for the adequacy thereof or for the construction of the Improvements contemplated by the Plans. Lender has no duty to inspect the Improvements, and, if . If Lender should inspect inspects the Improvements, Lender shall have has no liability or obligation to Borrower or any other party arising out of such that inspection. No such inspection nor any failure by Lender to make objections after any such an inspection shall constitute is a representation by Lender that the Improvements are in accordance conform with the Plans or constitute any other requirement, nor is it a waiver of Lender's ’s right thereafter to insist that the Improvements be constructed in accordance with pursuant to the Plans.Plans or any other requirement; and (e) This this assignment shall inure to the benefit of Lender, its successors and Lender’s successors, Lender’s assigns, including any purchaser upon foreclosure of the Deed of Trust, any receiver in possession of the Mortgaged Property, and any corporation formed by or on behalf of entity Affiliated with Lender which that assumes ▇▇▇▇▇▇'s Lender’s rights and obligations under this Loan Agreement.

Assignment of Plans. As additional security for the payment of the Loan, Borrower hereby transfers and assigns to Lender all of ▇▇▇▇▇▇▇▇'s Borrower’s right, title, and interest in and to the Plans and hereby represents and warrants to and agrees with ▇▇▇▇▇▇ Lender as follows: (a) The Plans for each Unit delivered to Lender are from time to time is a complete and accurateaccurate description of the Plans for that particular Unit. (b) The Plans are complete and adequate for the construction of the Improvements and there have been no modifications thereof. The Plans shall not be modified without the prior written consent of Lender and Permanent LenderImprovements. (c) Lender may direct the Architect to supply it (without cost) a copy of the Plans at any time and may use the Plans for any purpose relating to the Improvements, including but not limited to inspections of construction and the completion of the Improvements. (d) ▇▇▇▇▇▇'s Lender’s acceptance of this assignment shall not constitute approval of the Plans by ▇▇▇▇▇▇Lender. Lender has no liability or obligation whatsoever in connection with the Plans and no responsibility for the adequacy thereof or for the construction of the Improvements contemplated by the Plans. Lender has no duty to inspect the Improvements, and, if Lender should inspect the Improvements, Lender shall have no liability or obligation to Borrower arising out of such inspection. No such inspection nor any failure by Lender to make objections after any such inspection shall constitute a representation by Lender that the Improvements are in accordance with the Plans or constitute a waiver of Lender's ’s right thereafter to insist that the Improvements be constructed in accordance with the Plans. (e) This assignment shall inure to the benefit of Lender, its successors and assigns, including any purchaser upon foreclosure of the a Deed of Trust, any receiver in possession of the Property, and any corporation formed by or on behalf of Lender which assumes ▇▇▇▇▇▇'s Lender’s rights and obligations under this Loan Agreement. (f) Upon Lender’s request, Borrower shall provide a complete copy of the Plans for a Unit to Lender.

Assignment of Plans. As additional security for the payment and performance of the LoanIndebtedness and the Obligations, Borrower hereby transfers and assigns to Lender Bank all of ▇▇▇▇▇▇▇▇'s rightBorrower’s Right, title, title and interest in and to the Plans and hereby represents and warrants to and covenants and agrees with ▇▇▇▇▇▇ Bank as follows: (ai) The Each schedule of the Plans delivered or to Lender are be delivered to Bank is and shall be a complete and accurate.accurate description of the Plans; (bii) The Plans are and shall be complete and adequate for the construction of the Alamo Improvements and there have been no modifications thereof. The thereof except as described in a schedule attached to the Plans; the Plans shall not be modified amended without the prior written consent of Lender and Permanent Lender.Bank; (ciii) Lender may direct the Architect to supply it (without cost) a copy of the Plans at any time and Bank may use the Plans for any purpose relating to the Alamo Improvements, including but not limited to inspections of construction and the completion of the Alamo Improvements.; (div) ▇▇▇▇▇▇'s Bank’s acceptance of this assignment shall not constitute approval of the Plans by ▇▇▇▇▇▇. Lender Bank; Bank has no liability or obligation whatsoever to Borrower or any other party in connection with the Plans and no responsibility for the adequacy thereof or for the construction of the Alamo Improvements contemplated by the Plans. Lender ; Bank has no duty to inspect the Alamo Improvements, and, and if Lender Bank should inspect the Alamo Improvements, Lender Bank shall have no liability or obligation to Borrower or any other party arising out of such inspection. No ; no such inspection nor any failure by Lender Bank to make objections after any such inspection shall constitute a representation by Lender Bank that the Alamo Improvements are in accordance with the Plans or any other requirement or constitute a waiver of Lender's right Bank’s Right thereafter to insist that the Alamo Improvements be constructed in accordance with the Plans.Plans or any other requirement; and (ev) This assignment shall inure to the benefit of Lender, Bank and its successors and assigns, including any purchaser upon foreclosure of the Deed of Trust, any receiver in possession of the Property, and any corporation formed by or on behalf of Lender which assumes ▇▇▇▇▇▇'s rights and obligations under this Loan Agreement.

Assignment of Plans. As Borrower, as additional security for the payment and performance of the Loancovenants, agreements and obligations of Borrower hereby transfers and assigns to Lender arising under this Agreement and under all of ▇▇▇▇▇▇▇▇the Loan Documents, hereby grants a security interest in, and sells, transfers, assigns and sets over, to Lender, its successors and assigns, all of Borrower's right, title, title and interest in and to to, and Borrower's rights, benefits and privileges under, the Plans and hereby represents and warrants to and agrees with ▇▇▇▇▇▇ Lender as follows: (a) The Each schedule of the Plans delivered or to be delivered to Lender are is and shall be a complete and accurateaccurate description of the Plans. (b) The Plans are and shall be complete and adequate for the construction of the Improvements and there have been no modifications thereofthereof except as described in such schedule. The Subject to Section 6.16 of this Agreement, the Plans shall not be modified without the prior written consent of Lender and Permanent Lender. (c) Lender may direct the Architect to supply it (without cost) a copy of the Plans at any time and may use the Plans for any purpose relating to the Improvements, including but not limited to inspections of construction and the completion of the Improvements. (d) ▇▇▇▇▇▇Lender's acceptance of this assignment shall not constitute approval of the Plans by ▇▇▇▇▇▇Lender. Lender has no liability or obligation whatsoever in connection with the Plans and no responsibility for the adequacy thereof or for the construction of the Improvements contemplated by the Plans. Lender has no duty to inspect the Improvements, and, and if Lender should inspect the Improvements, Lender shall have no liability or obligation to Borrower or any other party arising out of such inspection. No such inspection nor any failure by Lender to make objections after any such inspection shall constitute a representation by Lender that the Improvements are in accordance with the Plans or any other requirement or constitute a waiver of Lender's right thereafter to insist that the Improvements be constructed in accordance with the PlansPlans or any other requirement. (e) This assignment shall inure to the benefit of Lender, Lender and its successors and assigns, including any purchaser upon foreclosure of the Deed of Trust, any receiver in possession of the Property, Mortgaged Property and any corporation formed by or on behalf of entity affiliated with Lender which assumes ▇▇▇▇▇▇Lender's rights and obligations under this Loan Agreement.

Assignment of Plans. As additional security for the payment of the Loan, Borrower hereby transfers and assigns to Lender all of ▇▇▇▇▇▇▇▇'s Borrower’s right, title, and interest in and to to, but not its obligations under, the Plans and hereby represents and warrants to and agrees with ▇▇▇▇▇▇ Lender as follows: (a) The schedule of the Plans delivered to Lender are is a complete and accurate.accurate description of the Plans; (b) The Plans are complete and adequate for the construction of the Improvements and there have been no modifications thereofthereof except as described in such schedule. The Plans shall not be modified without the prior written consent of Lender, which consent by Lender and Permanent Lender.shall not be unreasonably withheld; (c) If an Event of Default has occurred and is continuing, Lender may direct the Architect to supply it (without cost) a copy of the Plans at any time and may use the Plans for any purpose relating to the Improvements, including but not limited to inspections of construction and the completion of the Improvements.; (d) ▇▇▇▇▇▇'s Lender’s acceptance of this assignment shall not constitute approval of the Plans by ▇▇▇▇▇▇Lender. Lender has no liability or obligation whatsoever in connection with the Plans and no responsibility for the adequacy thereof or for the construction of the Improvements contemplated by the Plans. Lender has no duty to inspect the Improvements, and, if Lender should inspect the Improvements, Lender shall have no liability or obligation to Borrower arising out of such inspection. No such inspection nor any failure by Lender to make objections after any such inspection shall constitute a representation by Lender that the Improvements are in accordance with the Plans or constitute a waiver of Lender's ’s right thereafter to insist that the Improvements be constructed in accordance with the Plans.; and (e) This assignment shall inure to the benefit of Lender, its successors and assigns, including any purchaser upon foreclosure of the Deed of TrustMortgage, any receiver in possession of the PropertyLand, and any corporation legal entity formed by or on behalf of Lender which assumes ▇▇▇▇▇▇'s Lender’s rights and obligations under this Loan Agreement.

Assignment of Plans. As additional security for the payment of the Loan, Borrower hereby transfers and assigns to Lender all of ▇▇▇▇▇▇▇▇Borrower's right, title, title and interest in and to the Plans and hereby represents and warrants to and agrees with ▇▇▇▇▇▇ Lender as follows: (a) The Each schedule of the Plans delivered or to be delivered to Lender are is and shall be a complete and accurateaccurate description of the Plans. (b) The Plans are and shall be complete and adequate for the construction of the Improvements and there have been no modifications thereofthereof except as described in such schedule. The Except as a part of a Permitted Change, the Plans shall not be modified without the prior written consent of Lender and Permanent Lender. (c) Lender may direct the Architect to supply it (without cost) a copy of the Plans at any time and may use the Plans for any purpose relating to the Improvements, including but not limited to inspections of the construction and the completion of the Improvements. (d) ▇▇▇▇▇▇Lender's acceptance of this assignment shall not constitute approval of the Plans by ▇▇▇▇▇▇Lender. Lender has no liability or obligation whatsoever in connection with the Plans and no responsibility for the adequacy thereof or for the construction of the Improvements contemplated by the Plans. Lender has no duty to inspect the Improvements, and, and if Lender should inspect the Improvements, Lender shall have no liability or obligation to Borrower or any other party arising out of such inspection. No such inspection nor any failure by Lender to make objections after any such inspection shall constitute a representation by Lender that the Improvements are in accordance with the Plans or any other requirement or constitute a waiver of Lender's right thereafter to insist that the Improvements be constructed in accordance with the Plans.Plans or any other requirement. CONSTRUCTION LOAN AGREEMENT - Page 37 641926; Miami-Dade County – Florida (e) This assignment shall inure to the benefit of Lender, Lender and its successors and assigns, including any purchaser upon foreclosure of the Deed of TrustLien Instrument, any receiver in possession of the Property, Mortgaged Property and any corporation formed by or on behalf of affiliated with Lender which assumes ▇▇▇▇▇▇Lender's rights and obligations under this Loan Agreement.

Assignment of Plans. As additional security for the payment of the Loan, Borrower hereby transfers and assigns to Lender all of ▇▇▇▇▇▇▇▇Borrower's right, title, title and interest in and to the Plans and hereby represents and warrants to and agrees with ▇▇▇▇▇▇ Lender as follows:: CONSTRUCTION LOAN AGREEMENT PAGE 15 --------------------------- (a) The Each schedule of the Plans delivered or to be delivered to Lender are is and shall be a complete and accurateaccurate description of the Plans. (b) The Plans are and shall be complete and adequate for the construction of the Improvements and there have been no modifications thereofthereof except as described in such schedule. The Plans shall not be modified without the prior written consent of Lender and Permanent Lender. (c) Lender may direct the Architect to supply it (without cost) a copy of the Plans at any time and may use the Plans for any purpose relating to the Improvements, including but not limited to inspections of construction and the completion of the Improvements. (d) ▇▇▇▇▇▇Lender's acceptance of this assignment shall not constitute approval of the Plans by ▇▇▇▇▇▇Lender. Lender has no liability or obligation whatsoever in connection with the Plans and no responsibility for the adequacy thereof or for the construction of the Improvements contemplated by the Plans. Lender has no duty to inspect the Improvements, and, and if Lender should inspect the Improvements, Lender shall have no liability or obligation to Borrower or any other party arising out of such inspection. No such inspection nor any failure by Lender to make objections after any such inspection shall constitute a representation by Lender that the Improvements are in accordance with the Plans or any other requirement or constitute a waiver of Lender's right thereafter to insist that the Improvements be constructed in accordance with the PlansPlans or any other requirement. (e) This assignment shall inure to the benefit of Lender, Lender and its successors and assigns, including any purchaser upon foreclosure of the Deed of Trust, any receiver in possession of the Property, Property and any corporation formed by or on behalf of Lender which assumes ▇▇▇▇▇▇Lender's rights and obligations under this Loan Agreement.

Assignment of Plans. As Borrower, as additional security for the payment and performance of the Loancovenants, agreements and obligations of Borrower hereby transfers to Bank arising under this Agreement and assigns to Lender under all of ▇▇▇▇▇▇▇▇the Loan Documents, hereby grants a security interest in, and sells, transfers, assigns and sets over, to Bank, its successors and assigns, all of Borrower's right, title, title and interest in and to to, and Borrower's rights, benefits and privileges under, the Plans and hereby represents and warrants to and agrees with ▇▇▇▇▇▇ Bank as follows: (a) The Each schedule of the Plans delivered or to Lender are be delivered to Bank is and shall be a complete and accurateaccurate description of the Plans. (b) The Plans are and shall be complete and adequate for the construction of the Improvements Houses and there have been no modifications thereofthereof except as described in such schedule. The Subject to Section 4.13(i) of this Addendum 2, the Plans shall not be modified without the prior written consent of Lender and Permanent LenderBank. (c) Lender may direct the Architect to supply it (without cost) a copy of the Plans at any time and Bank may use the Plans for any purpose relating to the ImprovementsHouses, including but not limited to inspections of construction and the completion of the ImprovementsHouses. (d) ▇▇▇▇▇▇Bank's acceptance of this assignment shall not constitute approval of the Plans by ▇▇▇▇▇▇Bank. Lender Bank has no liability or obligation whatsoever in connection with the Plans and no responsibility for the adequacy thereof or for the construction of the Improvements Houses contemplated by the Plans. Lender Bank has no duty to inspect the ImprovementsHouses, and, and if Lender Bank should inspect the ImprovementsHouses, Lender Bank shall have no liability or obligation to Borrower or any other party arising out of such inspection. No such inspection nor any failure by Lender Bank to make objections after any such inspection shall constitute a representation by Lender Bank that the Improvements Houses are in accordance with the Plans or any other requirement or constitute a waiver of LenderBank's right thereafter to insist that the Improvements Houses be constructed in accordance with the PlansPlans or any other requirement. (e) This assignment shall inure to the benefit of Lender, Bank and its successors and assigns, including any purchaser upon foreclosure of the Deed of Trust, any receiver in possession of the Property, Mortgaged Property and any corporation formed by or on behalf of Lender entity affiliated with Bank which assumes ▇▇▇▇▇▇Bank's rights and obligations under this Loan Agreement. (Terms used with initial capital letters in this Addendum 3 that are not specifically defined in this Agreement shall have the meanings ascribed to them in the Deeds of Trust.)

Assignment of Plans. As additional security for the payment of the Loan, Borrower hereby transfers and assigns to Lender all of ▇▇▇▇▇▇▇▇'s Borrower’s right, title, title and interest in and to the Plans and hereby represents and warrants to and agrees with ▇▇▇▇▇▇ Lender as follows: (a) The Each schedule of the Plans delivered or to be delivered to Lender are is and shall be a complete and accurateaccurate description of the Plans. (b) The Plans are complete and adequate for the construction of the Improvements and there have been no modifications thereofthereof except as described in such schedule. The Plans shall not be modified without the prior written consent of Lender and Permanent Lender. (c) Lender may direct the Architect to supply it (without cost) a copy of the Plans at any time and may use the Plans for any purpose relating to the Improvements, including but not limited to inspections of construction and the completion of the Improvements. (d) ▇▇▇▇▇▇'s Lender’s acceptance of this assignment shall not constitute approval of the Plans by ▇▇▇▇▇▇Lender. Lender has no liability or obligation whatsoever in connection with the Plans and no responsibility for the adequacy thereof or for the construction of the Improvements contemplated by the Plans. Lender has no duty to inspect the Improvements, and, and if Lender should inspect the Improvements, Lender shall have no liability or obligation to Borrower or any other party arising out of such inspection. No such inspection inspection, nor any failure by Lender to make objections after any such inspection inspection, shall constitute a representation or belief by Lender that the Improvements are constructed in accordance with the Plans or any other requirement, or constitute a waiver of Lender's ’s right thereafter to insist that the Improvements be constructed in accordance with the PlansPlans or any other requirement. (e) This assignment shall inure to the benefit of Lender, Lender and its successors and assigns, including any purchaser upon foreclosure of the Deed of Trust, any receiver in possession of the PropertyCommercial Land and/or Improvements, and any corporation Entity formed by or on behalf of Lender which assumes ▇▇▇▇▇▇'s Lender’s rights and obligations under this Loan the Agreement.

Assignment of Plans. As additional security for the payment of the LoanNotes and all of the other Obligations, Borrower hereby transfers and assigns to Lender Administrative Agent all of ▇▇▇▇▇▇▇▇Borrower's right, title, title and interest in and to the Plans and hereby represents and warrants to and agrees with ▇▇▇▇▇▇ Administrative Agent as follows: (a) The Each schedule of the Plans delivered or to Lender are be delivered to Administrative Agent is and shall be a complete and accurateaccurate description of the Plans. (b) The Plans are and shall be complete and adequate for the construction of the Improvements and there have been no material modifications thereofthereof except as described in such schedule. The Plans shall not be materially modified without the prior written consent of Lender and Permanent LenderAdministrative Agent. (c) Lender may direct the Architect to supply it (without cost) a copy of the Plans at any time and Administrative Agent may use the Plans for any purpose relating to the Improvements, including but not limited to inspections of construction and the completion of the Improvements. (d) ▇▇▇▇▇▇Administrative Agent's acceptance of this assignment shall not constitute approval of the Plans by ▇▇▇▇▇▇. Lender Administrative Agent, Administrative Agent has no liability or obligation whatsoever in connection with the Plans and no responsibility for the adequacy thereof or for the construction of the Improvements contemplated by the Plans. Lender Administrative Agent has no duty to inspect the Improvements, and, and if Lender Administrative Agent should inspect the Improvements, Lender Administrative Agent shall have no liability or obligation to Borrower or any other party arising out of such inspection. No such inspection nor any failure by Lender Administrative Agent to make objections after any such inspection shall constitute a representation by Lender Administrative Agent that the Improvements are in accordance with the Plans or any other requirement or constitute a waiver of LenderAdministrative Agent's right thereafter to insist that the Improvements be constructed in accordance with the PlansPlans or any other requirement. (e) This assignment shall inure to the benefit of Lender, Administrative Agent and its successors and assigns, including any purchaser upon foreclosure of the Deed of Trust, any receiver in possession of the Property, Project and any corporation formed by or on behalf of Lender affiliated with Administrative Agent which assumes ▇▇▇▇▇▇Administrative Agent's rights and obligations under this Loan Agreement.

Assignment of Plans. As additional security for the payment of the LoanIndebtedness, Borrower hereby transfers and assigns to Lender all of ▇▇▇▇▇▇▇▇'s Borrower’s right, title, and interest in and to the Plans and hereby represents and warrants to represents, warrants, and agrees with ▇▇▇▇▇▇ Lender as follows: (a) The each schedule of the Plans delivered or to be delivered to Lender are is a complete and accurate.accurate description of the Plans in all material respects as of such date; (b) The Plans the Plans, to the best of Borrower’s knowledge, are complete and adequate for the construction of the Improvements and there have been no modifications thereofthereof except as described in such schedule. The Except as otherwise permitted under this Agreement, the Plans shall not be modified without the prior written consent of Lender and Permanent Lender.; (c) Lender may direct the Architect to supply it (without cost) a copy of the Plans at any time and may use the Plans for any purpose relating to the Improvements, including but not limited to including, without limitation, construction inspections of construction and the completion Completion of the Improvements.; (d) ▇▇▇▇▇▇'s Lender’s acceptance of this assignment shall not constitute approval of the Plans by ▇▇▇▇▇▇Lender. Lender has no liability or obligation whatsoever in connection with the Plans and no responsibility for the adequacy thereof or for the construction of the Improvements contemplated by the Plans. Lender has no duty to inspect the Improvements, and, if . If Lender should inspect inspects the Improvements, Lender shall have has no liability or obligation to Borrower or any other party arising out of such that inspection. No such inspection nor any failure by Lender to make objections after any such an inspection shall constitute is a representation by Lender that the Improvements are in accordance conform with the Plans or constitute any other requirement, nor is it a waiver of Lender's ’s right thereafter to insist that the Improvements be constructed in accordance with pursuant to the Plans.Plans or any other requirement; and (e) This this assignment shall inure to the benefit of Lender, its successors Lender’s successors, and Lender’s assigns, including any purchaser upon foreclosure of the Deed of Trust, any receiver in possession of the Mortgaged Property, and any corporation formed by or on behalf of entity Affiliated with Lender which that assumes ▇▇▇▇▇▇'s Lender’s rights and obligations under this Loan Agreement.

Assignment of Plans. As additional security for the payment of the Loan, Borrower hereby grants, transfers and assigns to Lender all of ▇▇▇▇▇▇▇▇Borrower's right, title, title and interest in and to the Plans and hereby represents and warrants to and agrees with ▇▇▇▇▇▇ Lender as follows: (a) The Each schedule of the Plans delivered or to be delivered to Lender are is and shatl be a complete and accurateaccurate descHption of the Plans. (b) The Plans are and shall be complete and adequate for the construction of the Improvements Project and there have been no modifications thereofmod)fications thereof except as described in the schedules thereof delivered or to be delivered to Lender as provided above. The Plans shall not be modified mod)fied without the prior written phor wdtten consent of Lender and Permanent Lender. (c) Lender may direct the Architect to supply it (without cost) a copy of the Plans at any time and may use the Plans for any purpose relating to the ImprovementsProject, including but not limited to inspections of construction and the completion of the Improvementsconstruction of the Project. (d) ▇▇▇▇▇▇Lender's acceptance of this assignment shall not constitute approval of the Plans by ▇▇▇▇▇▇Lender. Lender has no liability or obligation whatsoever in connection with the Plans and no responsibility for the adequacy thereof or for the construction of the Improvements Project contemplated by the Plans. Lender has no duty to inspect the Improvementsconstruction of the Project, and, and if Lender should inspect the Improvementsconstruction, Lender shall have no liability or obligation to Borrower or any other party arising out of such inspection. No such inspection nor any failure by Lender to make objections after any such inspection shall constitute a representation by Lender that the Improvements are construction is in accordance with the Plans or any other requirement or constitute a waiver of Lender's right thereafter thereaRer to insist that the Improvements construction be constructed completed in accordance with the PlansPlans or any other requirement. (e) This assignment shall inure to the benefit of Lender, Lender and its successors and assigns, including any purchaser upon foreclosure of the Deed of TrustMortgage, any receiver in possession of the Property, Property and any corporation formed by or on behalf of affiliated with Lender which assumes ▇▇▇▇▇▇Lender's rights dghts and obligations under this Loan Agreement.

Assignment of Plans. As additional security for the payment of the Loan, Borrower hereby transfers and assigns to Lender all of ▇▇▇▇▇▇▇▇'s Borrower’s right, title, and interest in and to the Plans and hereby represents and warrants to and agrees with ▇▇▇▇▇▇ Lender as follows: (a) The Plans Borrower has delivered to Lender are a complete and accurateaccurate description of the Plans. (b) The Plans are complete and adequate for the construction of the Improvements and there have been no modifications thereof. The Plans shall not be modified without the prior written consent of Lender and Permanent Lenderthereof except as described in such description. (c) Lender may direct the Architect to supply it (without cost) a copy of the Plans at any time and may use the Plans for any purpose relating to the Improvements, including but not limited to inspections of construction and the completion of the Improvements. (d) ▇▇▇▇▇▇'s Lender’s acceptance of this assignment shall not constitute approval of the Plans by ▇▇▇▇▇▇Lender. Lender has no liability or obligation whatsoever in connection with the Plans and no responsibility for the adequacy thereof or for the construction of the Improvements contemplated by the Plans. Lender has no duty to inspect the Improvements, and, and if Lender should inspect the Improvements, Lender shall have no liability or obligation to Borrower arising out of such inspection. No such inspection nor any failure by Lender to make objections after any such inspection shall constitute a representation by Lender that the Improvements are in accordance with the Plans or constitute a waiver of Lender's ’s right thereafter to insist that the Improvements be constructed in accordance with the Plans. (e) This assignment shall inure to the benefit of Lender, its successors and assigns, including any purchaser upon foreclosure of the Deed of Trust, any receiver in possession of the Property, and any corporation legal entity formed by or on behalf of Lender which assumes ▇▇▇▇▇▇'s Lender’s rights and obligations under this Loan Agreement.

Assignment of Plans. As Borrowers, as additional security for the payment and performance of the Loancovenants, Borrower hereby transfers agreements and assigns obligations of Borrowers to Lender Bank arising under this Agreement and under all of ▇▇▇▇▇▇▇▇'s rightthe Loan Documents, titlehereby grants a security interest in, and sells, transfers, assigns and sets over, to Bank, its successors and assigns, all of Borrowers’ title and interest in and to to, and Borrowers’ rights, benefits and privileges under, the Plans and Specifications and hereby represents and warrants to and agrees with ▇▇▇▇▇▇ Bank as follows: (a) The Each schedule of the Plans and Specifications delivered or to be delivered to Lender are Bank is and shall be a complete and accurateaccurate description of the Plans and Specifications. (b) The Plans and Specifications are and shall be complete and adequate for the construction of the Section N Improvements and there have been no modifications thereofthereof except as described in such schedule. The Subject to the terms of Addendum 4, the Plans and Specifications shall not be modified without the prior written consent of Lender and Permanent LenderBank. (c) Lender may direct the Architect to supply it (without cost) a copy of the Plans at any time and Bank may use the Plans and Specifications for any purpose relating to the Section N Improvements, including but not limited to inspections of construction and the completion of the Section N Improvements. (d) ▇▇▇▇▇▇'s Bank’s acceptance of this assignment shall not constitute approval of the Plans and Specifications by ▇▇▇▇▇▇Bank. Lender Bank has no liability or obligation whatsoever in connection with the Plans and Specifications and no responsibility for the adequacy thereof or for the construction of the Section N Improvements contemplated by the PlansPlans and Specifications. Lender Bank has no duty to inspect the Section N Improvements, and, and if Lender Bank should inspect the Section N Improvements, Lender Bank shall have no liability or obligation to Borrower Borrowers or any other party arising out of such inspection. No such inspection nor any failure by Lender Bank to make objections after any such inspection shall constitute a representation by Lender Bank that the Section N Improvements are in accordance with the Plans and Specifications or any other requirement or constitute a waiver of Lender's Bank’s right thereafter to insist that the Section N Improvements be constructed in accordance with the Plans. (e) Plans and Specifications or any other requirement. This assignment shall inure to the benefit of Lender, Bank and its successors and assigns, including any purchaser upon foreclosure of the Deed of Trust, any receiver in possession of the Property, Mortgaged Property and any corporation formed by or on behalf of Lender entity affiliated with Bank which assumes ▇▇▇▇▇▇'s Bank’s rights and obligations under this Loan Agreement.

Assignment of Plans. As additional security for the payment of the Loan, Borrower hereby transfers and assigns to Lender all of ▇▇▇▇▇▇▇▇'s Borrower’s right, title, and interest in and to the die Plans and hereby represents and warrants to and agrees with ▇▇▇▇▇▇ Lender as follows: (a) The Plans Borrower has delivered to Lender are a complete and accurateaccurate description of the Plans. (b) The Plans are complete and adequate for the construction of the Improvements improvements and there have been no modifications thereof. The Plans shall not be modified without the prior written consent of Lender and Permanent Lenderthereof except as described in such description. (c) Lender may direct the Architect to supply it (without cost) a copy of the Plans at any time and may use the Plans for any purpose relating to the Improvements, including but not limited to inspections of construction and the completion of the Improvements. (d) ▇▇▇▇▇▇'s Lender’s acceptance of this assignment shall not constitute approval of the Plans by ▇▇▇▇▇▇Lender. Lender has no liability or obligation whatsoever in connection with the Plans and no responsibility for the adequacy thereof or for the construction of the Improvements contemplated by the Plans. Lender has no duty to inspect the Improvements, and, and if Lender should inspect the Improvements, Lender shall have no liability or obligation to Borrower arising out of such inspection. No such inspection nor any failure by Lender to make objections after any such inspection shall constitute a representation by Lender that the Improvements are in accordance with the Plans or constitute a waiver of Lender's ’s right thereafter to insist that the Improvements be constructed in accordance with the Plans. (e) This assignment shall inure to the benefit of Lender, its successors and assigns, including any purchaser upon foreclosure of the Deed of Trust, any receiver in possession of the Property, and any corporation legal entity formed by or on behalf of Lender which assumes ▇▇▇▇▇▇'s Lender’s rights and obligations under this Loan Agreement.

Assignment of Plans. As additional security for the payment of the Loan, Borrower hereby transfers and assigns to Lender all of ▇▇▇▇▇▇▇▇Borrower's right, title, and interest in and to the Plans and hereby represents and warrants to and agrees with ▇▇▇▇▇▇ Lender as follows: (a) The Plans delivered to Lender are complete and accurate. (b) The Plans are complete and adequate in all material respects for the construction of the Improvements and there have been no modifications thereof. The Plans shall not be modified without the prior written consent of Lender and Permanent Lender. (cb) Lender may direct utilize the Architect to supply it (without cost) a copy Plans for purposes of conducting inspections of the Plans at any time Units and may use related purposes incidental to its administration of the Plans Loan, and, after the occurrence of an Event of Default, for any purpose relating to the Improvements, including but not limited to inspections of construction and the completion of the Improvements. (dc) ▇▇▇▇▇▇Lender's acceptance of this assignment shall not constitute approval of the Plans by ▇▇▇▇▇▇Lender. Lender has no liability or obligation whatsoever in connection with the Plans and no responsibility for the adequacy thereof or for the construction constructions of the Improvements contemplated by the Plans. Lender has no duty to inspect Inspect the Improvements, and, and if Lender should inspect the Improvements, and if Lender should inspect the improvements, Lender shall have no liability or obligation to Borrower arising out of such inspection. No such inspection nor any failure by Lender to make objections after any such inspection shall constitute a representation by Lender that the Improvements are in accordance with the Plans or constitute a waiver of Lender's right thereafter to insist that the Improvements be constructed in accordance with the Plans. (e) This assignment shall inure to the benefit of Lender, its successors and assigns, including any purchaser upon foreclosure of the Deed of Trust, any receiver in possession of the Property, and any corporation formed by or on behalf of Lender which assumes ▇▇▇▇▇▇'s rights and obligations under this Loan Agreement.accordance

Assignment of Plans. As additional security for the payment of the Loan, Borrower hereby transfers and assigns to Lender all of ▇▇▇▇▇▇▇▇Borrower's right, title, and interest in and to the Plans Engineering Contract and Plans, whether now existing or hereafter entered into or prepared, and hereby represents and warrants to and agrees with ▇▇▇▇▇▇ Lender as follows: (a) The schedule of the Plans delivered to Lender are is a complete and accurateaccurate description of the Plans and there have been no modifications thereof except as described in such schedule. (b) The Plans are complete and adequate in all material respects for the construction of the Improvements, which, when built and equipped in accordance therewith, shall be ready for the intended use thereof. When completed in accordance with the Plans, the Improvements and there have been no modifications thereofwill not encroach upon any building line, set back line, sideyard line, or any recorded or visible easement (or other easement of which Borrower is aware or has reason to believe may exist) which exists with respect to the Property. The Plans shall not be modified without the prior written consent of Lender and Permanent Lender, other than to make changes on non-structural items which do not change the cost of construction by more than $25,000.00 as to any one change or $50,000.00 in the aggregate; provided, further, no changes shall be made to the Plans until the consent of all Governmental Authorities required to be obtained is obtained. (c) Lender may direct the Architect to supply it (without cost) a copy of the Plans at any time and may use the Plans for any purpose relating to the Improvements, including including, but not limited to to, inspections of construction and the completion of the Improvements. (d) ▇▇▇▇▇▇Lender's acceptance of this assignment shall not constitute approval of the Plans by ▇▇▇▇▇▇Lender. Lender has no liability or obligation whatsoever in connection with the Plans and no responsibility for the adequacy thereof or for the construction of the Improvements contemplated by the Plans. Lender has no duty to inspect the Improvements, and, and if Lender should inspect the Improvements, Lender shall have no liability or obligation to Borrower arising out of such inspection. No such inspection nor any failure by Lender to make objections after any such inspection shall constitute a representation by Lender that the Improvements are in accordance with the Plans or constitute a waiver of Lender's right thereafter to insist that the Improvements be constructed in accordance with the Plans. (e) This assignment shall inure to the benefit of Lender, its successors and assigns, including any purchaser upon foreclosure of the Deed of TrustMortgage, any receiver in possession of the Property, and any corporation formed by or on behalf of Lender which assumes ▇▇▇▇▇▇Lender's rights and obligations under this Loan Agreement.

Assignment of Plans. As additional security for the payment of the Loan, Borrower hereby transfers and assigns to Lender all of ▇▇▇▇▇▇▇▇Borrower's right, title, and interest in and to the Architectural Contract and Plans and hereby represents and warrants to and agrees with ▇▇▇▇▇▇ Lender as follows: (a) The schedule of the Plans delivered to Lender are is a complete and accurateaccurate description of the Plans. (b) The Plans are complete and adequate for the construction of the Improvements and there have been no modifications thereofthereof except as described in such schedule. The Plans shall not be modified without the prior written consent of Lender and Permanent Lender. (c) Lender may direct the Architect to supply it (without cost) a copy of the Plans at any time and may use the Plans for any purpose relating to the Improvements, including but not limited to inspections of construction and the completion of the Improvements. (d) ▇▇▇▇▇▇Lender's acceptance of this assignment shall not constitute approval of the Plans by ▇▇▇▇▇▇Lender. Lender has no liability or obligation whatsoever in connection with the Plans and no responsibility for the adequacy thereof or for the construction of the Improvements contemplated by the Plans. Lender has no duty to inspect the Improvements, and, if Lender should inspect the Improvements, Lender shall have no liability or obligation to Borrower arising out of such inspection. No such inspection nor any failure by Lender to make objections after any such inspection shall constitute a representation by Lender that the Improvements are in accordance with the Plans or constitute a waiver of Lender's right thereafter to insist that the Improvements be constructed in accordance with the Plans. (e) This assignment shall inure to the benefit of Lender, its successors and assigns, including any purchaser upon foreclosure of the Deed of Trust, any receiver in possession of the Property, and any corporation formed by or on behalf of Lender which assumes ▇▇▇▇▇▇'s rights and obligations under this Loan Agreement.the