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04-26-2023 Council Packet
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04-26-2023 Council Packet
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8/24/2023 5:08:29 PM
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8/23/2023 8:26:09 PM
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<br />2 <br /> <br />WHEREAS, the Borrower is joining in the execution of this Assignment in order to evidence its <br />consent hereto and in order to agree that the Assigned Documents shall be effective to secure the obligations <br />of the Borrower to the Assignee as more fully set forth therein and herein. <br />NOW THEREFORE, in consideration of the Funding Loan and other good and valuable <br />consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally <br />bound hereby, the parties hereby agree as follows: <br />Section 1. Definitions. All words and phrases defined in the Funding Loan Agreement have the same <br />meanings in this Assignment, which definitions are incorporated herein by reference, unless a different <br />definition is set forth in this Assignment. <br />Section 2. Assignment. The Assignor sells, assigns and sets over and transfers to the Assignee all the <br />right, title and interest of the Assignor in, to and under the Assigned Documents, excluding the Reserved <br />Rights of the Assignor. This Assignment is made and shall be without recourse, warranty or representation <br />of the Assignor. <br />Section 3. Miscellaneous. In case any one or more of the provisions contained in this Assignment are <br />invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining <br />provisions contained herein will not be affected or impaired thereby. <br />Section 4. Counterparts; Electronic Signatures. This Assignment may be executed in any number of <br />counterparts, each executed counterpart constituting an original, but all counterparts together constituting <br />only one instrument. To the fullest extent permitted by applicable law, electronically transmitted or <br />facsimile signatures shall constitute original signatures for all purposes under this Assignment. <br />Section 5. Governing Law. It is the intention of the parties hereto that this Assignment and the rights <br />and obligations of the parties hereunder shall be governed, construed and enforced in accordance with the <br />laws of the State of Minnesota, without reference to its conflicts of laws and principles.
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