ASSIGNMENT OF CONSTRUCTION/ARTHITECT'S CONTRACTS 16. (2)

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ACCORDINGLY, in consideration of the foregoing, the Company does hereby assign to the Trustee all of its right, title and interest in and to (i) those certain contracts (the "Construction Documents") so listed on SCHEDULE I attached hereto for construction of the Project, and(ii)that certain agreement or agreements so listed on SCHEDULE I (together,the "Architect's Contract"),by and between the Company and the Architect for the design and plans for the construction of the Project,true and correct copies of which Construction Documents and Architect's Contract(collectively,the"Project Documents")have been delivered to the Trustee and Underwriter this date, and(iii)the plans and specifications prepared and or to be prepared relating to such construction and improvements and all drawings related thereto (the "Plans"). The Company agrees that the Trustee does not assume any of the obligations or duties of the Company under or with respect to the Project Documents unless and until the Trustee shall have given the Contractor or Architect, or any combination thereof, as the case may be, written notice that it has affirmatively exercised its right to complete or cause the completion of construction of the Project following the occurrence of an Event of Default under the Loan Agreement, the Indenture, the Mortgage or the Subordinate Mortgage. In the event that the Trustee does not undertake to complete construction, the Trustee shall have no liability whatsoever for the performance of any of such obligations and duties. For the purpose of completing the Project the Trustee may, in its absolute discretion, reassign its right, title and interest in the Plans or the Project Documents upon notice to the Contractor or Architect, or any combination thereof, as the case may be, but without any requirement for the Company's consent. The Company represents and warrants that there have been no prior assignments of the Plans or the Project Documents, that the Project Documents are each a valid, enforceable agreement, that none of the parties are in default thereunder and that all covenants, conditions and agreements have been performed as required therein, except those not due to be performed until after the date hereof. The Company agrees that no change in the terms thereof shall be valid without the written approval of the Trustee. The Company agrees not to assign, sell, pledge, mortgage or otherwise transfer or encumber its interest in the Plans or the Project Documents so long as this Assignment is in effect. The Company hereby irrevocably appoints the Trustee as its attorney-in-fact to demand, receive, and enforce the Company's rights with respect to the Project Documents, to make payments under the Project Documents and give appropriate receipts,releases and satisfactions for and on behalf of and in the name of the Company or, at the option of the Trustee in the name of the Trustee, with the same force and effect as the Company could do if this Assignment had not been made. This Assignment shall constitute a perfected, absolute and present assignment provided that the Trustee shall have no right under this Assignment to enforce the provisions of the Project Documents until an Event of Default shall occur under the Loan Agreement,the Indenture, the Mortgage or the Subordinate Mortgage. Upon the occurrence of any such default or Event of Default, the Trustee may, without affecting any of its rights or remedies against the Company 2