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04-24-14 Redevelopment Commission Meeting
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6C(2)
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4/22/2014 9:48:37 AM
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exclusive jurisdiction of any state or federal court located in or serving St. Joseph County, Indiana; <br /> provided that nothing contained in this Collateral Assignment will prevent the Lender from bringing any <br /> action, enforcing any award or judgment or exercising any rights against the Assignor individually, <br /> against any security or against any property of the Assignor within any other county, state or other <br /> foreign or domestic jurisdiction. The Assignor agrees that the venue provided above is the most <br /> convenient forum for both the Lender and the Assignor. The Assignor waives any objection to venue <br /> and any objection based on a more convenient forum in any action instituted under this Collateral <br /> Assignment. <br /> 17. Waiver of Jury Trial. EACH OF THE ASSIGNOR AND THE LENDER <br /> IRREVOCABLY WAIVES ANY AND ALL RIGHT IT MAY HAVE TO A TRIAL BY JURY IN <br /> ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THIS <br /> COLLATERAL ASSIGNMENT, ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS <br /> COLLATERAL ASSIGNMENT OR ANY TRANSACTION CONTEMPLATED IN ANY OF SUCH <br /> DOCUMENTS. THE ASSIGNOR ACKNOWLEDGES THAT THE FOREGOING WAIVER IS <br /> KNOWING AND VOLUNTARY. <br /> 18. Defeasance. Upon payment in full of the Obligations, this Collateral Assignment shall <br /> become null and void and of no force and effect. <br /> The parties hereto have executed this Collateral Assignment as of the Effective Date. <br /> Assignor: <br /> STUDEBAKER BUILDING 84, LLC <br /> By: <br /> Name: Kevin Michael Smith <br /> Title: Member <br /> UNION STATION PROPERTIES, LP <br /> By: <br /> Name: Kevin Michael Smith <br /> Title: Partner <br /> Lender: <br /> UNITED FEDERAL CREDIT UNION <br /> \ <br /> By: <br /> Name: Mark Carboneau <br /> Title: Business Services Advisor <br /> -5- <br />
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