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201502076
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Last modified
4/14/2015 11:56:10 AM
Creation date
4/3/2015 4:19:02 PM
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DEEDS
Inst Number
201502076
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(g) <br />(h) <br />(i ) <br />20150207E <br />to enforce, or secure the performance by the lessees of, the covenants, <br />representations, warranties and agreements contained in the Leases, and to <br />enforce and secure all remedies available to Borrower against the lessees, in case <br />of default under any of the Leases by the lessees; and <br />except for a Minor Lease, not to alter, modify or change the terms of any guaranty <br />of any of the Leases or cancel or terminate any such guaranty without the prior <br />written consent of Lender, which may be withheld in Lender's sole discretion, and <br />that any such action without such consent shall be null and void; and <br />not to consent to any termination, assignment or subletting by any lessee without <br />the prior written consent of Lender; provided that the foregoing shall not be <br />construed to place Borrower in default under this Assignment in the case of any <br />termination, assignment or subletting, which, under the terms of a particular <br />Lease, does not require the consent of the lessor; and provided further, that where <br />the terms of the Lease require the lessor not to unreasonably withhold its consent <br />to any such termination, assignment or subletting, Lender agrees not to <br />unreasonably withhold Lender's consent notwithstanding anything to the contrary <br />set forth herein; and provided further, that any such termination, assignment or <br />subletting without Lender's consent shall be null and void; and <br />(j) not to subordinate, or agree or consent to subordinate, any of the Leases to any <br />security instrument or other encumbrance without Lender's prior written consent, <br />which may be withheld in Lender's sole discretion; and provided further, that any <br />such subordination or agreement or consent to subordinate without such consent <br />shall be null and void; and to deliver to Lender, from time to time, upon Lender's <br />request, an executed counterpart of each and every Lease; and to execute and <br />record such additional assignments, in form and substance acceptable to Lender, <br />as Lender may request, covering any and all of the Leases, and to pay all costs <br />incurred in connection with the preparation, execution and recording of all such <br />assignments; and <br />(k) not to exercise any right of election, whether specifically set forth in any of the <br />Leases or otherwise, which would in any way materially diminish any obligation <br />or liability of any of the lessees or which would have the effect of shortening the <br />stated term of any of the Leases; and at Borrower's sole cost, to prosecute and <br />defend any legal action, arbitration or other controversy relating to any of the <br />Leases or to Borrower's interest in any of the Leases and to pay all costs and <br />expenses (including, without limitation, reasonable attorneys' fees and court costs) <br />actually incurred by Lender in connection with any such action, arbitration or <br />controversy; and <br />(1) except for a Minor Lease, not to enter into any Leases after the date of this <br />Assignment unless such Leases are in form and content satisfactory to Lender, <br />provided, that so long as no Default is existing, Lender will use reasonable <br />discretion and diligence in approving Leases; and <br />4 <br />
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