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<br />The Assignor hereby irrevocably constitutes and appoints the Lender as its attorney-in- <br />fact to demand, receive, and enforce the Assignor's right with respect to the Rebates, to <br />receive payments under the Tax Abatement Agreements and file appropriate receipts, <br />releases and satisfactions for and on behalf of and in the name of the Assignor or, at the <br />option of the Lender, in the name of the Lender, with the same force and effect as the <br />Assignor could if this Assignment had not been made. <br /> <br />Assignor authorizes the rebates to be paid directly to Lender. This Assignment shall <br />constitute a perfected, absolute and present assignment. The Lender may, without <br />affecting any of its rights or remedies against the Assignor and Borrower under any other <br />instrument, document or agreement, exercise its right under this Assignment as the <br />Assignor's attorney-in-fact in any manner permitted by law, and in addition, the Lender <br />shall have the right to exercise and enforce any or all rights and remedies available after <br />default to a secured party under the Uniform Commercial Code, as adopted in the State of <br />Minnesota. The Assignor and Borrower hereby agree to pay all reasonable costs and <br />expenses (including without limitation reasonable attorneys' fees) which the Lender may <br />incur in exercising any of its rights under this Assignment. <br /> <br />This Assignment shall be binding uponthe Assignor, its heirs, representatives, assigns, <br />and successors, and shall inure to the benefit of the Lender, its successors and assigns. <br />The Assignor has concurrently executed and delivered to the Lender this Assignment, <br />and the Assignor intends to be bound by the terms of this Assignment. <br /> <br />This Agreement can be waived, modified, amended, terminated or discharged only <br />explicitly in writing, signed by the Lender. A waiver signed by the Lender shall be <br />effective only in a specific instance and for the specific purpose given. Mere delay or <br />failure to act shall not preclude the exercise or enforcement of any of the Lender's rights <br />or remedies hereunder. All rights and remedies of the Lender shall be cumulative and <br />may be exercised singularly or concurrently, at the Lender's option, and the exercise or <br />enforcement of anyone such right or remedy shall neither be a condition to nor bar the <br />exercise or enforcement of any other. <br /> <br />IN WITNESS WHEREOF, the Assignor has executed this Assignment as of the day <br />and year first above written. <br /> <br />ASSIGNOR: <br /> <br />CPE EXCHANGE 25613, LLC <br /> <br />By: <br /> <br />Jeffrey R. Peterson <br />Its: Chief Manager <br />