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200102662
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200102662
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Last modified
10/14/2011 2:07:36 AM
Creation date
10/20/2005 8:17:23 PM
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DEEDS
Inst Number
200102662
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200102662 <br />SECTION 4 <br />4.0 COVENANTS OF ASSIGNOR WITH RESPECT TO LEASES RENTS AND <br />GUARANTIES. <br />4.1 Affirmative Covenants. Assignor covenants with Lender: <br />(a) to promptly and fully comply with, observe and perform all of Assignor's <br />material obligations under the Leases; <br />(b) to enforce and secure the performance of each and every material obligation <br />to be performed by the Tenants under the Leases and not to do or permit to <br />be done anything to impair the security thereof, <br />(c) at the Lender's request, to assign and transfer to the Lender any and all <br />subsequent Leases upon all or any part of the Premises and to execute and <br />deliver at the request of the Lender all such further assurances and <br />assignments in the Premises as the Lender shall from time to time require; <br />(d) until the Obligations are paid in full, to deliver to Lender executed copies of <br />any and all present and future Leases, together with an estoppel certificate and <br />subordination agreement in form and content acceptable to Lender executed <br />by each Tenant on the Premises. Assignor expressly consents to any <br />subordination and/or attornment agreement which may be made between any <br />Tenant and Lender; <br />(e) to make, execute and deliver unto Lender, upon 10 days written demand and <br />at any time, any and all assignments and other instruments which Lender may <br />reasonably request to further evidence the assignment of such Leases, Rents <br />and Guaranties. The costs of preparing and recording said instruments shall <br />be paid by Assignor; <br />(f) to warrant and defend the Leases, Rents and Guaranties against all adverse <br />claims, now existing or hereafter arising; <br />(g) to promptly notify Lender of any breach or default by any Tenant or Assignor <br />of any Lease involving five percent (5 %) or more of the leasable space in the <br />Premises; <br />(h) to promptly notify Lender of any event or notification that any guarantor of <br />any Guaranty related to a Lease with respect to five percent (5 %) or more of <br />the leasable space in the Premises, may claim or claims a defense to liability, <br />in full or in part, with respect to such Guaranty; <br />(i) to appear in and defend any action or proceeding, at Assignor's sole cost and <br />expense, arising under, growing out of or in any manner connected with the <br />1048116.2 4 <br />
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