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20140040 Instrument) with respect to the Mortgaged Property, and (f) to execute applications for liquor licenses and other licenses, permits, authorizations and approvals and take other actions which may be required by the Assignor (in its capacity as landlord under the Lease) to cooperate with the Lessee pursuant to Section 30 of Part II of the Lease; and, (2) the right of Assignor, on its behalf only, to consent or approve or refuse to consent or approve of any options or other rights to terminate the Lease and/or to acquire the Mortgaged Property or the net award payable to Assignor in a Major Condemnation (as defined in the Lease) and any cause of action in connection with a Major Condemnation (subject to any conditions thereto as are otherwise specifically contained in the Loan Documents) provided that on such consent Assignor states conspicuously that Assignor's consent does not signify a necessary consent of Assignee, and (subject to any conditions otherwise contained in the Loan Documents) that no consent or approval of Assignor shall be valid or effective unless and until Assignee's written consent is obtained. 3. This Assignment is executed as collateral security and the execution and delivery hereof shall not in any way impair or diminish the obligations of Assignor under the Lease, nor shall any of the obligations contained in the Lease be imposed upon Assignee (unless and until Assignor's fee or leasehold estate, as applicable, to the Mortgaged Property is transferred to Assignee pursuant to a foreclosure of the Security Instrument or other exercise by Assignee of its remedies under the Security Instrument). Upon the payment of the Obligations in full in immediately available funds, this Assignment and all rights herein assigned to Assignee shall automatically cease and terminate and all estate, right, title and interest of Assignor in and to the Lease shall revert to Assignor, and Assignee shall, at the request and at the expense of Assignor, deliver to Assignor an instrument in recordable form canceling this Assignment and reassigning the Lease without recourse, representation or warranty, to Assignor. 4. Assignor hereby presently, unconditionally and irrevocably designates Assignee to receive, and directs Lessee and Lease Guarantor to pay to Assignee or its designated servicer, all payments (except for Excepted Payments) payable or receivable under both the Lease and any new lease permitted under the Lease including, without limitation, all payments of Fixed Rent and Additional Rent (as such terms are defined in the Lease), and other sums payable to the lessor under Lease (excluding, however, the Excepted Rights and Excepted Payments as specifically set forth herein), and no such payment by Lessee under the Lease shall be effective to discharge the obligation of Lessee under the Lease to make such payment unless made to Assignee in accordance with such designation and direction. Assignor agrees that any Rents (other than Excepted Payments as specifically set forth herein) received by Assignor shall be held in trust by Assignor for the sole and exclusive benefit of Assignee pursuant to the terms of the Loan Documents and shall be delivered by Assignor to Assignee within one (1) business day after receipt of the same. Upon and during the continuance of an Event of Default (as defined in the Security 18766395.1. BUSINESS