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��15�45�7
<br /> ARTICLE 1 -AS�I�I�IMENT
<br /> Section 1.1 PropertY A�si�ncd. Borrower hereb� a�solutely and
<br /> unconditiona�ly assigns and grants to Lender the fall�wing property, rights, interests and estates,
<br /> now owned, or hereafter acquired by B�rrower:
<br /> �a} Leases. All leases, subleases ar subsubleases, ��ttings, liceilses,
<br /> concessi�ns or ather agreements mac�e a part hereaf�whether written or�ral and�vhether naw ar
<br /> hereafter in effect},pursuant ta which an�Person is granted a possessory interest in, or a right t�
<br /> use or occupy, a11 or any portion af any spa�e �n that certain lot or piece of land, more
<br /> particularly described in Exhibit A annexed hereto and made a pa.rt here�f, together with th�
<br /> bu�ldings, structures, f xtu.res, additions, en�argements, e�tens��ns, modif�cations, repairs,
<br /> rep�acements and impr�vemen�s n�v� �r hereafter lo�ated there�n �callecti.ve�y, th� "Praperty"}
<br /> and e�ery madificati.an, amen�ment or other agreement r�l at�n.g to such leas�s, subleas�s,
<br /> subsubleases, �r other agreem.ents entered into in connection with such leases, subleases,
<br /> subsubleases, or �th�r agreements and every guarantee of the perf�rmance and observance of the
<br /> co�enants, conditions and agr�ements to be performed and abserved by the other party thercto,
<br /> and the ri ght,t�tl�and intere st o f B�rro wer, its suc c e s s ors and as signs,therein and thereunder.
<br /> [b} �ther Leases and A reements. All other leases and other agreements,
<br /> vvhether or not in vvriting, affecting the use, enj oyment or occupancy �f the Praperty or any
<br /> porti�n thereaf now or h�reafter made, vvhether made before ar after �he filing by or against
<br /> Borrower of any petit�an for re�ief under 11 U.S.�. §1�l et seq., as the same may be a.mended
<br /> fr�rn tirn.e to time �the "Bankruptcy �ode") together With any e�tension, renewal or
<br /> replacement af the same. This Assignrnent o�ather present and future leases and present and
<br /> future agreements being eff�ctive �vi�haut further �r supplemental assignm�nt. The "leases"
<br /> described in Subsect�fln.1,_1�a� and the leases and other agreements descri�ed in this Subsection
<br /> 1.1 b are collectively referred to as the "Leases".
<br /> ��� Rents. All rents, rent e�uivalents, �ncome, receivables, revenues, recei�ts,
<br /> insurance prac�eds, deposits and prafits arising from the Leases and renewa�s thereaf to�ether
<br /> with all rents, rent equ�valents, inc�me, f�es, receivables, accounts, pr�fits (includxng, but nvt
<br /> 11�111t�C� t4, al� ail and gas ar other mineral royalties and b�nuses}, charges for services rendered
<br /> ar�d any and aIl payment and consideration�f v�hatever farrn or nature received by Borrower ar
<br /> its agents or employees fr�rn any and all sources relat�ng to the use, enj oyrn.ent and occupancy af
<br /> the Property whether paid or accruing b�fore �r after the fil�ng by ar against B�rrower af any
<br /> petitian for relief under the Bankruptcy �ode �col�ectively,the "Rent�"�.
<br /> �c�) �ankru�otcy, ,Cla�ms. A1I of Borrower's c�a�ms and rights �the
<br /> "Bankrupt�� ����ns") ta the payment of damages arising from any rej ection by a l�ssee of any
<br /> Lease under the Bankruptcy Cade.
<br /> �e} Lease �`ruarant�es. A�l af Borr�vver's right, tit�e and interest in and c�aims
<br /> und�r any and a�l lease guaranties, letters of�red�t and any ather credit suppart �individually, a
<br /> "Lease �uaranty", collectively,the "Lease Guaranties"� g�ven by any guarant�r in connectian
<br /> vvith any of the Leases or leasing c�mmissi�ns �individuall�, a"Lease �uarantor", cal�ecti�el�,
<br /> the"Lease Guarantars"}to Borrower.
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<br /> 7958Z.�D0066 EMF LTS 56288754u1
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