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<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
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<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
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