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��15�4584
<br /> ARTI�LE 1 �ASSI�NMENT �
<br /> Section 1.1 Property Assi�ned. Borrower hereby absalutely and
<br /> unconditianally ass�gns and grants to Lender the fol�owing property, rights, interests and estates,
<br /> nov�owned, or hereafter acquired by B�rravver:
<br /> �a} Leases. All leases, sub�eases or subsubleases, Iettings, �i�enses,
<br /> c�ncessions or ather agreem.ents made a part hereof�whether�ritten�r oral and whether no�v ar
<br /> hereaft�r in effect�,pursuant ta v�hich any Person is granted a possess�ry interest in, ar a right to
<br /> use or occupy, all or any portion af any space �n that cer�ain �ot or piece of Iand, more
<br /> particularl� described in E�hibit A annexed hereto and made a part hereof, tagether w�th the
<br /> buildir�gs, structures, fixtures, additions, enlargements, �x��nsians, m�difi�ations, repa�rs,
<br /> r�p�acements and improvements nav� ar hereafter located thereon ��ol�e�tively, the "Pr�perty"}
<br /> and every modif�cation, amen�ment ar �ther agreement relating to such leases, subleases,
<br /> subsubleases, ar ather agreements ent�red into in connection vvith such leas�s, subleases,
<br /> subsub�easesa or �ther agre�ments and every guarantee of the �erformance and o�ser�ance of the
<br /> ca�enants, conditions and agreements to be performed and obser`red by the �ther par�y thereto,
<br /> and the right,title and interest of Borr�wer, its successars and assigns,therein and thereunder.
<br /> (b} �ther Leases and A re�ments. All ather leases and �ther agreements,
<br /> whether or not in �r�ting, affecting the use, enj oyrnent or occupancy of the Pr�perty or an�
<br /> portion thereof now ar hereafter made, whether made before or after the filing by ar against
<br /> Borrawer of any pet�tion for relief under 11 LT.S.C. §1�1 et seq., as the same rnay be a.mended
<br /> fram time to time (the "�ankruptey �od�"} ta gether With any e�tension, renev�al or
<br /> replacement of the same. This Assignrnent of other pre�ent and future leases and present and
<br /> future agre�ments being effective v�thaut further or supplemental assignment. Th� "leases"
<br /> described in Subsectxon 1.1�a� and the Ieases and other agr�ements described in this Subsection
<br /> 1.1��are call�ctively referred to as the"Leases".
<br /> �c} Rents. A11 rents, rent equivalents, income, r�cei�ables, r�venu�s, receipts,
<br /> �nsuraxlce pro�eeds, deposits and praf ts aris�ng from the Leases and renevvals thereof together
<br /> with al1 rents, rent e�uivalents, in�ome, fees, receivables, accaunts, profits �including, but nat
<br /> limited to, al� oil and gas or other m�neral royalties and bonuses}, charges f�r services rendered
<br /> and any and a11 payment and c�nsideratian of vvhate�er f�rm ar nature rec�ived by Borrower ar
<br /> �ts agents ar empl�yees from any and all s�urces relating to the use, enj ayment and�ccupancy of
<br /> the Prop�rt� �hether paid or accruing l�efore or after the filing by or against Borrower of any
<br /> petition far re�ief under the Bankruptcy�ode (c�llect�vely,the"Rents"}.
<br /> �d� Bankru�t�y �laims. AIl of Borrower's claim5 and r�ghts �the
<br /> "Banl�upt�� �lai�s"� to the payment of dama�es arising from any rejectian by a lessee of any
<br /> Lease under the Bankruptcy �ode.
<br /> �e} Lease Guaranties. A�1 of Borravver's right, tit�e and �nteres� in and c�aims
<br /> under any and aI1 lease guarantics, �etters of credit and any ather credit suppor� �individual�y, a
<br /> "Lease �uaranty", co�lect�vely, the "Lease Guaranties"� given l�y any guarantar in cannecti�n
<br /> with any af the Leases ar leasing cammissions �individually, a"Leas� �uarant�r", callectively,
<br /> the"Lease �uarant�rs"�to BorroWer.
<br /> _2_
<br /> 79582.00��66 EMF US 5628875��1
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