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201201420
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Last modified
3/19/2012 3:47:25 PM
Creation date
2/27/2012 8:45:38 AM
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DEEDS
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201201420
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2 o�zo�4�o <br />monthly in advance to Bene�ciary, or to any such receiver, the fair and reasonable rental <br />value as determined by Beneficiary for the use and occupancy of such part of the Mortgaged <br />Property as may be in the possession of Grantor or any affiliate of Grantor, and upon default <br />in any such payment Grantor and any such affiliate will vacate and surrender the possession <br />of the Mortgaged Property to Beneficiary or to such receiver, and in default thereof may be <br />evicted by summary proceedings or otherwise. Grantor shall not accept prepayments of <br />installments of Rent to become due for a period of more than one month in advance (except <br />the ordinary course of business and for security deposits obtained in the ordinary course of <br />business). <br />(b) Grantor has not affirmatively done any act that would prevent <br />Beneficiary from, or limit Beneficiary in, acting under any of the provisions of the foregoing <br />assignment. <br />(c) Except for any matter disclosed in the Credit Agreements, no action <br />has been brought or, so far as is known to Grantor, is threatened, which would interfere in <br />any way with the right of Grantor to execute the foregoing assignment and perform a11 of <br />Grantor's Lender Obligations contained in this Section 25 or in the Tower Leases. <br />26. Additional Rights. The holder of any subordinate lien or subordinate <br />mortgage or deed of trust on the Mortgaged Property shall have no right to terminate any <br />Tower Lease, whether or not such Tower Lease is subordinate to this Deed of Trust, nor shall <br />Grantor consent to any holder of any subordinate lien or subordinate mortgage or deed of <br />trust joining any tenant under any Tower Lease in any action to foreclose the lien or modify, <br />interfere with, disturb or terminate the rights of any tenant under any Tower Lease. By <br />recordation of this Deed of Trust, all subordinate lienholders and the Lenders and <br />beneficiaries under subordinate mortgages are subject to and notifed of this provision, and <br />any action taken by any such lienholder or beneficiary contrary to this provision sha11 be null <br />and void. Upon the occurrence and during the continuance of any Event of Default, <br />Beneficiary may, in its sole discretion and without regard to the adequacy of its security <br />under this Deed of Trust, apply a11 or any part of any amounts on deposit with Beneficiary <br />under this Deed of Trust against all or any part of the Lender Obligations. Any such <br />application sha11 not be construed to cure or waive any Default or Event of Default or <br />invalidate any act taken by Beneficiary on account of such Default or Event of Default. <br />27. Grantor's Indemnities. Grantor agrees to protect, indemnify and hold <br />harmless Bene�ciary and each Lender and a11 of their respective officers, directors, <br />employees, attorneys, consultants and Beneficiaries (collectively called the "Indemnitees") <br />from and against any and a111osses which Bene�ciary or any of such Indemnitees may incur <br />under or by reason of the assignment of Tower Leases and Rents, or for any action taken by <br />Beneficiary or any Lender or the Indemnitees hereunder, or by reason or in defense of any <br />and all claims and demands whatsoever which may be asserted against Beneficiary or any of <br />the Indemnitees arising out of the Tower Leases, including, without limitation, any claim by <br />any third Person for credit on account of Rents paid to and received by Grantor, but not <br />delivered to Bene�ciary or its authorized Bene�ciaries or representatives or employees, for <br />any period under any Tower Lease more than one (1) month in advance of the due date <br />12187-5273/L.EGALI7750578.4 <br />5/1/ 1017 <br />
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