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

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under any other instrument, document or agreement, exercise its rights under this Assignment as the Company's attorney-in-fact in any manner permitted by law, and in addition, rights and remedies available after default to a secured party under the Uniform Commercial Code, as adopted in the State of Minnesota. If notice to the Company of any intended disposition of the collateral or any other intended action is required by law in a particular instance, such notice shall be deemed commercially reasonable if given at least ten days prior to the date of intended disposition or other action. The Company hereby agrees to pay all costs and expenses (including without limitation reasonable attorneys' fees)which the Trustee may incur in exercising any of its rights under this Assignment. Subject to the aforesaid limitation on further assignment by the Company, this Assignment shall be binding upon the Company and its successors and assigns, and shall inure to the benefit of the Trustee and its successors and assigns. This Assignment can be waived, modified, amended, terminated or discharged only explicitly in a writing signed by the Trustee. A waiver signed by the Trustee shall be effective only in a specific instance and for the specific purpose given. Mere delay or failure to act shall not preclude the exercise or enforcement of any of the Trustee's rights or remedies hereunder. All rights and remedies of the Trustee shall be cumulative and may be exercised singularly or concurrently, at the Trustee's option, and the exercise or enforcement of any one such right or remedy shall neither be a condition to, nor bar the exercise or enforcement of, any other. IN WITNESS WHEREOF,the Company has executed this Assignment as of the day and year first above written. ORONO SENIOR HOUSING, LLC By: Its [Signature Page to Assignment of Construction and Architect's Agreement] Error!Unknown document property name. 3