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89100517
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89100517
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Last modified
10/19/2011 4:53:13 PM
Creation date
10/20/2005 9:14:05 PM
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DEEDS
Inst Number
89100517
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L <br />4. <br />89-"� 100517 <br />(b) the payment of all indebtedness and the <br />performance of all obligations of Borrower to <br />Lender now existing or arising after the date <br />of this Assignment in connection with the <br />loan evidenced by the Note (the "Loan "), <br />including without limitation, all <br />indebtedness and obligations secured by or <br />arising under the Deed of Trust on the <br />Property dated as of the date hereof and <br />securing the Note, and all of the other <br />documents evidencing or securing the Loan <br />(collectively the "Loan Documents), as all of <br />the same may be amended, extended, renewed or <br />modified from time to time; and <br />(c) the.. payment of all indebtedness and the <br />performance of all obligat�obs, which recite <br />that they . are secured . by this Assngnamt,.. of , <br />Borrower to Z ender, ..:avow existing ,, ar arising <br />after the date o ,this Assignment '.under tblis <br />Assignment, as" same may be . , xneanded <br />., ;extended, modified from `,tijj, .;ter.,; <br />Interprethtion. <br />It is the intention of Borrower that this Assignment <br />shall constitute a present and absolute Assignment to <br />Lender. However, so long as there shall exist no <br />default by Borrower in the payment of any sum under the <br />Loan Documents, or in the performance of any <br />obligation, covenant or agreement contained in this <br />Assignment, the Loan Documents or the Leases, as the <br />same are to be performed by Borrower, Borrower shall <br />have the right to collect at the time of, but not prior <br />to, the date provided for payment, all rents, income <br />and profits arising under the Leases and to retain and <br />use the same. <br />Covenants. <br />Borrower covenants and agrees as follows: <br />(a) to perform all of the covenants; <br />representations and agreements oU the lessor, <br />and not to violate any of the warranties <br />under the Leases; not to suffer or permit any <br />release, abatement or reduction of liability <br />of any of the lessees; not to create any <br />right or excuse for any of the lessees to <br />withhold payment of rent or comply with any <br />other liability under any of the Leases or to <br />otherwise cease performance of any of <br />lessee's obligations under the Leases; and <br />(b) to give prompt notice to Lender of any notice <br />of default with respect to any of the Leases, <br />whether the default be of the lessees or <br />Borrower, and to furnish Lender with complete <br />copies of said notices; and <br />(c) not to terminate, modify or amend any of- the <br />terms of the Leases or grant any concession <br />or waive, excuse or- condone any failure of <br />lessees - unmet . the Leases,' or in any manner <br />release or 'discharge the, lessees from any <br />obligations, covenants, conditions or <br />agreements to be 'performed by the lessees <br />under the Leases, including without <br />limitation, the obligation to pay rent, or <br />give any consent or exercise any option <br />required or permitted by the terms of any of <br />2 <br />7 <br />ti <br />
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