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I $9-- .00365 G. Assignor hereby covenants and warrants to the Assignee that (a) Assignor has not executed any prior asaign- ment of the Lease or of its right, title and interest therein or the rentala to accrue thereunder. (b) Assignor has not performed any act or executed any instrument which might prevent the Assignee from operating under any of the term and conditions hereof, or which would limit the Assignee in such operation; (c) Assignor has not accepted rent under the lease for any period aubsequent to the current period for which rent has already become due and payable; (d) there is no default now existing under the lease, and (e) Assignor has not executed or granted any modification or amendmentwhatever of the Lease either orally or in writting except as set forth in Schedule B, and that the Lease is in full force and effect. B. IT IS MUTUALLY AGREED WITH RESPECT TO EACH LEASE THAT: i. Assignee hereby grants permission to Assignor to collect upon, but notprior to accrual, all rents, issues, deposita and profits from the said Premises and to retain, and use and enjoy the same, but reserves the rightto revoke such permission at anytime, with or without cause. by notice in writing to Assignor by certified mail sentto the address hereinafter prescribed for sending notices. In any event, such permission to Assignor shall be automatielly revoked upon default, by Assignor in the payment of any of the Obligations secured hereby or in the performance of any obligation, convenant, agreement herein, in said mortgage or deed of trust, in the Lease or in any of the Obligations secured hereby, or in any securingdocument given in connection therewith. (all of which will be referred to herein as "Default "). In the event that the Assiguee-should revoke such permission or after the occurrence of a Default, the Assignee, may at its option. after notification to Assignor, by certified mail, to the address hereinafter rescribed for sending notices, direct any or all of the tenants of the Premises to pay to Assignee, its agents or its attorneys, such rents, issues, profits, revenues, deposits, rights and benefits as may now be due or shall hereinafter become due, and Assignee may collect the same. The affidavit or written statement of an officer, agent, or attorney of Assignee stating thatthere has been a Default shall constitute conclusive evidence thereof, and any tenant or other persons is authorized and directed to rely there-on. The Assignor further agrees, that in the event the permission to use and retain the rents. income, issues. deposits and profits. should be terminated or upon the occurance of a Default, to immediately turn over to Assignee, at the time and in the manner requested by Assignee, all security deposits or other monies deposited by Lessees of the ftcmisesin accordance with the provisions of the Leases. 2. Notwithstanding the provisions of paragraph 1 hereinabove, upon or at anytime after a Default, as defined here inabove, the Assignee, at its option, may declare all Obligations secured hereby immediately due and.payable, and may, atits option. without notice, and if any such Obligations be secured by deed of trust irrespective of whether a declaration: of default under said deed of trust has been delivered to Trustee thereunder, exercise all rights and remedies contained in saidtaitrtgage or deed of trust a ad_ withoat.i't<gard for the adequacy of security for the Obligations hereby secured, either in person or by agent . with. or without bringing any section or proceeding, or by a receiver to be appointed by a court, enter upon, take posseston of, manage and operate said Premises or any part thereof make, enforce, modify, and accept the surrender of Leases, obtain and evict tenants, fix or modify rents, and do any acts which the Assignee deems proper to protect the security hereof, and either with or withouttaking possession ofthe Premises, to irs own name. sue foror otherwise collect andreceiveaH rentnJesues and profits, including those past due and unpaid, and apply the same, less cost and expenses of operation and collection, including, but not limited to, payments for wages and payroll taxes, compensation of managing agent and other management costs and expenses, real estate taxes and assessmenta, water, sewer, and similar charges, insurance and workmen's compensation premiums, ground rents. customary real estate commission, and reasonable attorney's fees and court crests. upon any Obliga- tions secured hereby, and in such order as the Assignee may determine. The entering upon and takingpossessiou of the Prem- ises, the collection of such rents, issues and profits and the application thereof as aforesaid. shall not cure or waive any default or waive, modify, or affect notice of default under said mortgage or deed of trust or invalidate any act done pursuant to such notice. Assignor hereby releases any and all claims which it has or might have against Assignee arising out ofsuch collection, management operation and maintenance, excepting the liability of Assignee to account for amount$ collected and expended. by it. 3. The Anigneeshiiii:nothe obligated to perform or discharge, nor does ithereb) undertaketo perform ordischarge, any obligation, duty or liability u`aa t Lease, or under or by reason of this Assignment. Assignor shall and does hereby agree to indemnify the Assignee agrriaet r3nnd held it harmless from any and all liability, loss or damage which it may or might in under the Lease or under or by reason of thi�!?krtsignment and of and from any and all claims sad demand whatsoever which may be asserted against it by reasva of any atleged abation or undertaking on its part to perform or in the discharge of any of the terms. covenants or agreenrente containetl� itr. tlse Lease; should the Assignee incur any such liabilitcy, loss or damage under the Lease or under or by Maeon of this Assi gnment, or in the defense against any such claims ordempnds. the amount thereof, including costa, expenses and reasxinsle attorney's fees, together with interest thereon at the highest rate set forth in any of the Obligations secured hereby, shall be secured hereby and by thesaid mortgage or deetl of trust, and Assignor • . shall reimburse the Assignee therefor immediately upon demand, and upon the failure of Assignor so to do the Assignee may declare all Obligations secured hereby immediately due and payable. C. IT IS FURTHER MUTUALLY AGREED THAT: 1. Until the Obligations secured hereby shall have been paid in full Assignor covenants and agrees to keep leased at a good and sufficient rental the Premises and upon demand to transfer and assign to the Assignee any and allisubsequent L,easm upon all or any part of such Premises upon the same or substantially the same terms and conditions as are herein con- tained. and to make, execute, and deliver to the Assignee, upon demand, any and all instruments that maybe necessary or desir- able therefore, but the terms and provisions of this Assignment shall apply to any such subsequent Lease or Leases whetheror not so assigned and transferred. 2. Assignor shall, upon request of Assignee, furnish it a complete list as of the date of the request of all Leases and other tenancies of the Premises in such reasonable detail as may be requested by Assignee. Further, if requested:, Assignor shall deliver to Assignee executed or certified copies of all Leases and other written agreements, correspondence, and memo- randa between Assignor and Lessees and other tenants setting forth the contractual arrangements between them. Such requests may be made at any reasonable time. 3. The failure to list any specific Leases under Schedule B hereto, shall not invalidate or affect in any manner, the general assignment of rents and leases provided for herein. 4. Upon the payment in full of all Obligations secured hereby, as evidenced by the recording or filing of an instru- ment of satisfaction or full release of said mortgage or deed of trust, unless there shall have been recorded another mortgage or deed of trust in favor of the Assignee covering the whole or any part of the leased Premises, this Assignment shall become null and void and of no effect. 7 r� r r. W1