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c0130030G <br />limitation, all indebtedness and obligations secured by or arising under the Deed <br />of Trust, Security Agreement and Assignment of Rents (hereinafter "Security <br />Instrument ") on the Property dated as of the date hereof and securing the Note, <br />and all of the other documents evidencing or securing the Loan (collectively, the <br />"Loan Documents "), as all of the same may be amended, extended, renewed or <br />modified from time to time; and <br />(c) the payment of all indebtedness and the performance of all obligations, which <br />recite that they are secured by this Assignment, of Borrower to Lender now <br />existing or arising after the date of this Assignment under this Assignment, as the <br />same may be amended, extended, renewed or modified from time to time. <br />3. Interpretation. It is the intention of the Borrower that this Assignment shall constitute a <br />present and absolute assignment to Lender. However, so long as there shall exist no <br />Default by Borrower in the payment of any sum due to Lender under the Loan <br />Documents, or in the performance of any obligation, covenant or agreement contained in <br />this Assignment, the Loan Documents or the Leases, as the same are to be performed by <br />Borrower, Borrower shall have the right to collect at the time of, but not more than thirty <br />(30) days prior to, the date provided for payment, all rents, income and profits arising <br />under the Leases and to retain and use the same. <br />4. Covenants. Borrower covenants and agrees as follows: <br />(a) to perform all of the covenants, representations and agreements of the lessor, and <br />not to violate any of the warranties of the lessor, under the Leases; not to suffer or <br />permit any release, abatement or reduction of liability of any of the lessees; not to <br />create any right or excuse for any of the lessees to withhold payment of rent or <br />fail to comply with any other liability under any of the Leases or to otherwise <br />cease performance of any of lessee's obligations under the Leases; and <br />(b) <br />to give prompt notice to Lender of any notice of default with respect to any of the <br />Leases, whether the default be of the lessees or Borrower, and to furnish Lender <br />with complete copies of said notices; and <br />(c) not to terminate, modify or amend any of the terms of the Leases in any material <br />manner or grant any concession or waive, excuse or condone any failure of <br />lessees under the Leases, or in any manner release or discharge the lessees from <br />any obligations, covenants, conditions or agreements to be performed by the <br />lessees under the Leases, including, without limitation, the obligation to pay rent, <br />or give any consent to exercise any option required or permitted by the terms of <br />any of the Leases, either orally or in writing, without the prior written consent of <br />Lender, which may be withheld in Lender's reasonable discretion, or to accept the <br />surrender of any of the Leases without the prior written consent of Lender, which <br />may be withheld in Lender's reasonable discretion, and that any attempted <br />termination, modification or amendment of any of the Leases, or any other action <br />which requires Lender's consent, without such consent, shall be null and void; and <br />(d) not to collect any of the rent, income or other liabilities arising or accruing under <br />the Leases more than one (1) month in advance of the time when the same <br />become due; and <br />(e) not to discount any future accruing rents or other liabilities in connection with any <br />of the Leases; and <br />(f) not to execute any other assignment of any of the Leases, any interest in any of <br />the Leases or any of the rents or payments due or to become due in connection <br />with the Leases; and <br />(g) <br />to enforce, or secure the performance by the lessees of, the covenants, <br />representations, warranties and agreements contained in the leases, and to enforce <br />and secure all remedies available to Borrower against the lessees, in case of <br />default under any of the Leases by the lessees; and <br />2 <br />