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- r <br />89-r 100517 <br />(h) not to alter modify or change the terms of <br />any guaranty of any of the Leases or cancel <br />or terminate any such guaranty without the <br />Prior written consent of Lender and that any <br />such action without such consent shall be <br />null and void; and <br />G) not to consent to any termination, assignment <br />or subletting by any lessee without the prior <br />written consent of Lender; provided that the <br />foregoing shall not be. construed to <br />Borrower in default under this Assignment place <br />the case of any termination, assigment or <br />subletting, which, under the terms of a <br />particular Lease, does not require the <br />consent of the lessor; and provided further, <br />that where the terms of the Lease require the <br />lessor not to unreasonably withhold its <br />consent to any such termination, assignment <br />or subletting, Lender agrees not to <br />unreasonably withhold Lender's consent; and <br />Provided further, that any such termination, <br />assignment or subletting without Lenderts <br />consent shall be null and void; and <br />(7) not to subordinate, or agree or consent to <br />subordinate, any of the Leases to any deed of <br />trust or other encumbrance without Lenders <br />Prior written consent; and provided further, <br />that any such subdrdination or agreemdnt or <br />consent to subordinate -without _A= consent <br />shaIlk be hull acid void$ and t© .'deliver to <br />Lender, from time to ��1ne, upon Leander � s <br />request, an executed cOUnterpart of each and <br />every Lease; and to execute and record such <br />additional assignment <br />acceptable to Lender, s, in form and substance <br />as Lender may request, <br />covering any and all Of the Leases, and to <br />3 <br />91 <br />s <br />M <br />the Leases, either orally or in writing, <br />without the prior written <br />consent of Lender, <br />or to accept the surrender of any of the <br />Leases without <br />the prior written consent of <br />Lender, and that any attempted termination, <br />modification, or amendment of any of the <br />Leases, or <br />any other action which requires <br />Lender's consent, without such <br />consent, shall <br />be null and void; and <br />(d) <br />not to collect any of the refit, income or <br />other liabilities arising or 'accruing <br />under <br />the Leases more than one (1) iM041th in adva nce <br />Of the time when the <br />sage . be0one due, . and <br />(e) <br />not to d9iscount an . f�t+i��e' accruln <br />arl�er li s irn zany <br />cannbctida 4i of <br />tha Leas ataigl: <br />ex-cute any other.: as i an - ernt dE 4ny. _ of <br />e ]t�easea, any interest in may. 'tha <br />Of -.Leases <br />or any of the rents or payments due or to <br />become dde in <br />connection with the Leases; and <br />(g) <br />to enforce, or secure the performance by the <br />lessees of, the <br />covenants, representations, <br />warranties and agreements contained in <br />the <br />Leases, and to enforce and secure all <br />remedies available to <br />Borrower against the <br />lessees, in case of default under <br />= <br />e_r j of t :a <br />'--BOB $y the lbmsehs• <br />. and <br />(h) not to alter modify or change the terms of <br />any guaranty of any of the Leases or cancel <br />or terminate any such guaranty without the <br />Prior written consent of Lender and that any <br />such action without such consent shall be <br />null and void; and <br />G) not to consent to any termination, assignment <br />or subletting by any lessee without the prior <br />written consent of Lender; provided that the <br />foregoing shall not be. construed to <br />Borrower in default under this Assignment place <br />the case of any termination, assigment or <br />subletting, which, under the terms of a <br />particular Lease, does not require the <br />consent of the lessor; and provided further, <br />that where the terms of the Lease require the <br />lessor not to unreasonably withhold its <br />consent to any such termination, assignment <br />or subletting, Lender agrees not to <br />unreasonably withhold Lender's consent; and <br />Provided further, that any such termination, <br />assignment or subletting without Lenderts <br />consent shall be null and void; and <br />(7) not to subordinate, or agree or consent to <br />subordinate, any of the Leases to any deed of <br />trust or other encumbrance without Lenders <br />Prior written consent; and provided further, <br />that any such subdrdination or agreemdnt or <br />consent to subordinate -without _A= consent <br />shaIlk be hull acid void$ and t© .'deliver to <br />Lender, from time to ��1ne, upon Leander � s <br />request, an executed cOUnterpart of each and <br />every Lease; and to execute and record such <br />additional assignment <br />acceptable to Lender, s, in form and substance <br />as Lender may request, <br />covering any and all Of the Leases, and to <br />3 <br />91 <br />s <br />M <br />