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200102666 <br />a receiver) in order for Lender to "perfect" or "activate" its rights and remedies as set forth herein, <br />then Assignor waives the benefits of such law and agrees that such law shall be satisfied solely by: <br />(1) Lender sending Assignor written notice that Lender intends to enforce, and is enforcing, its rights <br />in and to the Premises and the Rents and other items assigned herein, and (2) Lender sending written <br />notice to any or all Tenants on the Premises (hereinafter, "Tenants ") that said Tenants should <br />commence making payments under the Leases directly to Lender or its designee. <br />So long as there shall exist no Default hereunder, Assignor shall have a revocable license, as <br />Lender's agent, to collect at the time of, but not prior to, the date provided for the payment thereof, <br />all Rents, and to retain, use and enjoy the same. The revocable license granted hereunder shall <br />automatically terminate without further action by Lender, except for written notice to Assignor at <br />Assignor's address provided herein, if a Default occurs as defined hereunder. This Assignment shall <br />survive any merger of the Lessors' and Tenants' interests under any and all of the Leases, and such <br />Leases shall remain in full force and effect with all Rents payable thereunder to remain the property <br />of Lender pursuant to the terms and conditions of this Assignment. <br />SECTION 3 <br />3.0 WARRANTIES. <br />3.1 Warranties With Respect to Leases. Rents and Guaranties. The Assignor warrants <br />that: <br />(a) Assignor is the sole owner of the entire lessor's or landlord's interest in the <br />Leases, Rents and Guaranties, free and clear of all other liens and <br />encumbrances, and has good right, title and interest in and to the Premises; <br />(b) the Leases and Guaranties are valid and enforceable, and to Assignor's <br />knowledge are not in default under any of the terms, covenants or conditions <br />thereof, <br />(c) no Rents reserved in said Leases have been assigned, waived, discounted, <br />compromised, released or anticipated; <br />(d) no Rent for any period subsequent to the date of this Assignment has been <br />collected more than one month in advance of the time when the same shall <br />become due under the terms of said Leases; and <br />(e) Assignor has the right, power and authority under the Leases and Guaranties <br />to execute and deliver this Assignment and to keep and perform all its <br />obligations hereunder without causing or creating any default under any of the <br />Leases. <br />1048117.1 3 <br />