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28 201305319 upon the occurrence of and during the continuance of any Default, whether or not legal proceedings have commenced and without regard to waste, adequacy of security for the Obligations or solvency of the Mortgagor, the license granted in the immediately preceding sentence shall automatically cease and terminate upon the giving of written notice to Mortgagor by the Administrative Agent of such termination. Section 3.2. Collateral Assignment of Texas Rents. As additional security for the payment and performance in full of the obligations referred to in Section 1.3 hereof, Mortgagor hereby collaterally grants, transfers and assigns, in accordance with the TARA (hereinafter defined), to Administrative Agent all of Mortgagor's right, title and interest in and to the Rents attributable to, or with respect to, the Property located in the state of Texas. This assignment grants, and is intended to grant to Administrative Agent, a presently effective first priority lien and security interest in such Rents. Upon the occurrence of and during the continuation of a Default, Administrative Agent shall have all the rights and remedies and be entitled to all of the benefits of Section 64.053, Section 64.054, Section 64.055 and Section 64.057 of the TARA. Mortgagor hereby waives any right to withhold any amount permitted by the provisions of Section 64.060(a) of the TARA and, the provisions thereof notwithstanding, agrees that, during the continuation of a Default, Mortgagor shall turn over such Rents within ten (10) days after written notice demanding the turnover of such Rents is received by Mortgagor as provided in Section 5.16 hereof. "TARA" means the Texas Assignment of Rents Act, being Chapter 64 of the Texas Property Code, as in effect from time to time. Section 3.3. Effectuating Payment of Rents to Administrative Agent. Independent of the foregoing provisions and authorities herein granted, Mortgagor agrees to execute and deliver any and all instruments that may be requested by Administrative Agent or that may be required by any payor of Rents for the purpose of effectuating payment of the Rents to Administrative Agent. If under any existing agreements, any Rents are required to be paid by the payor to Mortgagor so that under such existing agreements payment cannot be made of such Rents to Administrative Agent, Mortgagor's interest in all Rents under such agreements and in all other Rents which for any reason may be paid to Mortgagor shall, when received by Mortgagor, after the termination of the Mortgagor's license as described in Section 3.1, above, constitute trust funds in Mortgagor's hands and shall be immediately paid over to Administrative Agent. Without limitation upon any of the foregoing, Mortgagor hereby constitutes and appoints Administrative Agent as Mortgagor's special attorney -in -fact (with full power of substitution, either generally or for such periods or purposes as Administrative Agent may from time to time prescribe) in the name, place and stead of Mortgagor to do any and every act and exercise any and every power that Mortgagor might or could do or exercise personally with respect to all Rents (the same having been assigned by Mortgagor to Administrative Agent pursuant to Section 3.1 hereof). The foregoing appointment includes, without limitation, the right, power and authority, during the continuance of a Default, to: (a) Execute and deliver in the name of Mortgagor any and all instruments of every nature that may be requested or required by any party for the purposes of effectuating payment of the Rents to Administrative Agent or which Administrative Agent may otherwise deem necessary or appropriate to effect the intent and purposes of the assignment contained in Section 3.1; and