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200001503 the Property: (a) that each Lease is in full force and effect; (b) that no default exists on the part of the lessee thereunder or Borrower; (c) that no Lease or any interest therein has been previously assigned or pledged; (d) that no lessee under any lease has any defense, set -off or counterclaim against Borrower; (e) that all Rent due to date under each Lease has been collected and no concession has been granted to any lessee in the form of a waiver, release, reduction, discount or other alteration of Rent due or to become due, unless Lender has consented to the same in writing; and ( f ) that the interest of the lessee under each Lease is as a lessee only, with no options to purchase or rights of first refusal, except as set forth therein. All the foregoing warranties shall be deemed to be reaffirmed and to continue until performance in full of the obligations under this Assignment. 10. Lender shall not incur any liability for failing to exercise any right, power or authority granted hereby, nor for any action taken in the good faith exercise of what Lender considers to be its reasonable business judgment pursuant to any such right, power or authority. Lender shall have the full right, power, and authority to enforce this Assignment, or any of the terms, covenants, or condition hereof, at any time that Lender shall deem proper. The provisions set forth in this Assignment shall not be deemed exclusive of any of the remedies granted in the Trust Deed, Security Agreement, or any of the other documents or instruments now or hereafter evidencing, securing, or relating to the Note, but shall be deemed an additional remedy and shall be cumulative with the remedies therein granted. 11. All notices required or permitted to be given hereunder shall be in writing and shall be considered properly given if mailed by first class United States mail, postage prepaid, certified with return receipt requested, and addressed, if to Borrower, at the mailing address set forth above for Borrower and, if to Lender, at the mailing address set forth above for Lender, or by delivering such in person to the intended addressee. Notice so mailed shall be effective upon deposit in the United States Post Office or other depository under the care or custody of the United States Postal Service. Notice given in any other manner shall be effective only if and when received by the addressee. For purposes of notice, the addressee of the parties shall be as set forth above; provided, however, that any party shall have the right to change such party's address for notice hereunder to any other location with the continental United States by giving of thirty (30) days' notice to all other parties in the manner set forth herein above. 12. It is expressly understood that no judgment or decree which may be entered on any debt secured or intended to be secured by the Trust Deed, Security Agreement or any of the other documents or instruments now or hereafter evidencing, securing, or relating to the Note shall operate to abrogate or lessen the effect of this instrument. Upon payment in full of the entire indebtedness secured hereby, as evidenced by a recorded reconveyance of the Trust Deed, this Assignment shall then be considered void and of no further effect as said recorded reconveyance shall automatically operate to release this Assignment of record. 13. Lender shall have no liability other person, for any damage suffered by Personal Property unless directly caused gross negligence of Lender. Lender shall for the actions of any tenant or occupant whether such tenant or occupant shall be Lender or Lender's agent. O to Borrower, or to any said Real Property or by the willful act or have no responsibility of said Real Property, obtained by Borrower,