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20]20287]
<br />I. Lease Modification. Assignor has not sublet, modified, extended, canceled, or otherwise altered the
<br />Leases, or accepted the surrender of the Property covered by the Leases ]unless the Leases so required).
<br />J. Encumbrance. Assignor has not assignsd, compromised, subordinated or encumbered the Leases and
<br />Rents.
<br />S. COVENANTS. Assignor agree,, to the following covenants:
<br />A. Rent Abatement and insurance. Wher, any Lease provides for an abatement of Rents due to fire, flood or
<br />other casualty, Assignor will insure against this Sisk of loss with a policy satisfactory to Lender. Assignor
<br />may choose the insurance Company, subjei�j to Lender's approval, wnioh will not be unreasonably
<br />withheld.
<br />B. Copies of Leases. Assignor will promptly provide Lender with copies of tho Leases and will certify these
<br />teases are true and correct copies, The existing Leases will be provided an execution of the
<br />Assignment, and all future Leases and any other information with respect to these Leases will be
<br />provided immediately after they are executod.
<br />C. Right to Rents. Immediately after the execution of this Assignment, Assignor will notify all current and
<br />future tenants and others obligated under the Leases of Lender's right to ft Leases and Rents, and will
<br />request that they immediately pay all future Rents directly to Lender when Assignor or Lender asks them
<br />to do so.
<br />D. Accounting. When Lender requests, Assignor will provide to Lender an accounting pf Rents, prepared in a
<br />form acceptable to Lender, subject to generally accepted accounting principles and certified by Assignor
<br />or Assignor's accountant to be current, accurate and complete as of the date requested by Lender.
<br />F, Lease Modification. Assignor will not sublet, modify, extend, cancel, or otherwise alter the Leases, or
<br />accept the surrender of the Property covered by the Leases (unless the Leases so required'r without
<br />Lender's written consent.
<br />F. Encumbrance. Assignor will not ass.gn, compromise, subordinate or encumber the Leases and Rents
<br />without Lender's prior written consent.
<br />G. Future Leases. Assignor will not enter into any future Leases without prior written consent from Lender.
<br />Assignor will execute and deliver such further assurances and assignments as to these future Leases as
<br />Lender requires from time to time.
<br />H. Personal Property. Assignor will not sell or remove any personal property on the Property, unless
<br />Assignor rsplaces this personal property with like kind for the same or better value.
<br />I. Prosecution and Defegss of Claims. Assignor will appear in and prosecute its claims or defend its title to
<br />the Leases and Rents against any claims thaL twould impair Assignor's interest under this Asaignmant
<br />and. on Lender's request, Assignor will also appear in any action or proceeding on behalf of Lender.
<br />Assignor agrees to assign to Lender, as requested by Lendar, any right, claims or defenses which
<br />Assignor may have against parties who supply labor or materials to improve or maintain the leaseholds
<br />subject to the Leases and/or the Property.
<br />J, Liability and Indemnification. Lender does not assume or become liable for the Property's maintenance,
<br />depreciation, or other losses or damages when Lender acts to manage, protect or preserve the Property,
<br />except for losses or damages due to Lender's gross negligence or intentional torts to the extent
<br />permitted by law, Otherwise, Assignor will indemnify Lender and hold Lender harmless for all liability,
<br />loss or damage that Lender may incur when Lender opts to exercise any of Its remedies against any
<br />party obligated under the Leases.
<br />K. Leasehold Estate. Assignor will not cause or permit the leasehold estate under the Leases to merge with
<br />Assignors reversionary ini and agrees that the Leases shall remain in full force and effeet
<br />regardless of any merger of the Assignor's interests and of any merger of the interests of Assignor and
<br />any party obligated under the Leases.
<br />L. Insolvency. Lender will be the creditor of each tenant and of anyone else obligated under the Leases who
<br />Is subject to an assignment for the benefit of creditors, an insolvency, a dissoiution or a receivership
<br />proceeding, or a bankruptcy.
<br />Rae'b erne at of Leeaoa and Rnnffi kE irsvep yeNrvE E P1 nit0]COJ
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<br />Wolters Kluwer Financie Services S UeDi, 2011 Page 4 e. a
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