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of Dal proper Charges and expenses, credit the net amount of income <br /> which; it may receive by virtue of the within assignment and from the <br /> mortgaged premises, to any amounts due E3npire from the Owner under <br /> the terms and provisions of the aforesaid note and mortgage. The <br /> manner of the aplication of such net income and the item which shall <br /> be credited shall be within the sole discretion of Empire. <br /> The Owner hereby covenants_'and warrants to Empire that it <br /> has not executed any prior assignment of said Lease or rentals, nor <br /> has the Owner performed any acts or executed any other instrument <br /> which might prevent Empire from operating under any of the terms <br /> and conditions of this Assignment, or which would limit Empire in <br /> such operation; and Owner further covenants and warrants to Empire <br /> that it has not executed or granted any modification whatever of <br /> said Lease, either orally or in writing, and that the said Lease is <br /> in full force and effect according to its original terms, and that <br /> there are no defaults now existing under the said Lease. <br /> All the covenants and agreements hereinabove contained on <br /> the part of either party shall apply to and bind their heirs, <br /> executors or administrators, successors or assigns. <br /> IN WITNESS WHEREOF, the Owner has executed this Assignment <br /> by its officers thereunto duly authorized, and has affixed its corp- <br /> orate seal on this 5th day of October, 1955. <br /> MARK PROPERTIES, INC. <br /> Attest: <br /> By '� clip/70— <br /> ^ <br /> )1,c-k <br /> Pre-Si den <br /> Secretary <br /> F1;�� <br /> ., . <br /> f a, try •.. - _ -- -- <br /> I ' <br /> -3- <br />