Assignment And Assumption Agreement Page 4

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as the circumstances require. Unless otherwise expressly provided, the word “including” does
not limit the preceding words or terms.
7.3
Severability. If any provision of this Agreement is held invalid or unenforceable
by any court of competent jurisdiction, the other provisions of this Agreement will remain in full
force and effect. Any provision of this Agreement held invalid or unenforceable only in part or
degree will remain in full force and effect to the extent not held invalid or unenforceable.
7.4
Time of the Essence. With regard to all dates and time periods set forth or
referred to in this Agreement, time is of the essence.
7.5
Governing Law. This Agreement will be governed by the laws of the [STATE]
without regard to conflicts of laws principles.
7.6
Counterparts. This Agreement may only be executed in one or more counterparts,
each of which will be deemed to be an original copy of this Agreement and all of which, when
taken together, will be deemed to constitute one and the same agreement.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
and delivered.
[SELLER NAME]
By: ___________________
Its:
[BUYER NAME]
By: ___________________
Its:
[LENDER]
By: ___________________
Its:
Assignment and Assumption Agreement
4

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