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89. 100517 r pay all costs incurred in connection with the j preparation, execution and recording of all such assignments; and (k) not to exercise any right of election, whether specifically set forth in any of the Leases or otherwise, which would a any way diminish any obligation or liability of any of the lessees or which would have the effect of shortening the stated term of any of the Leases; and at Borrover4s sole costa. to prose=te and def (eaad any legakI., acti4n, arbit-ietion or ot;her • contrdversgy .. relaur4. to any of the Leases or to Bopower R inte nest in any of tilt Leases• and to dray altl� ccst� And (i ". . expenses: hcludipg . WJiZ out lxW #tetS �Q mttonngya I fees and court assts) curred .. bgr . Lender in conzzectia , %iolth any such action, ,...., arbitration rare contra *ersy" and (1) not to enter into any Leases after the date of this Assignment unless such Leases are in form and content satisfactory to Lender; and (m) to Lease all portions of the Property which, from time.to time, are not subject to a Lease at rentals not less than the market rent for such Leases. 5' ReRresentations d Warrant; o n _ Borrower represents and warrants that: (a) the Existing Leases are in full force and effect and are enforceable in accordance with their, terms, and that no breach or default, or event which would.constitute such a breach or default lifter nmtice cir-; the passages of time, or both;. of any of the terms, covenants ',;`Or. -conditions exists. with respect' • to any of the Existing Leases.;; :.and (b) no rent payment or other payment under any of the Existing Leases has been paid by any lessee.. for more than one (1) month in advance; and (c) the Existing Leases constitute all the Leases existing with respect to the Property as of the date of this Assignment; and (d) each of the Existing Leases constitutes the entire agreement between the respective lessees and Borrower, and there are no other agreements, undertakings or representations, either written or oral, with respect to the Property; and (e) none of the lessor's interest under any of the leases has been transferred or assigned to ank person or entity other than Lender. 6.: IZe €atilt___ s aD Remedies. "Default" shAll mean a defac;Lt in' payment • of any of the indebtedness 'secured by , this Assignment -or the loan Documents, or a default.in the performance of any Obligation, covenaht or agreement contained in this Assignment or any of the Loan Documents or any of the Leases. 4 J .T_