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18 . lnt�eres_t . <br />100517 <br />In the event Lender expends funds on behalf of Borrower <br />in exercising any of Lender's rights or remedies under <br />this Assignment, such suns, including attorneys' fees, <br />shall be secured by this Assignment and the Loan <br />Documents, and any such sums shall bear interest at <br />SIXTEEN AND THREE - FOURTHS percent (16.75 %) per annum. <br />19. Othap aeguXitX. <br />Linder may take or release other security for the <br />payment of the indebtedness secured by this Assignment, <br />and Lender may release any party primarily or <br />secondarily liable for the payment <br />of any such <br />indebtedness and may apply any other security held by <br />Lender to the satisfaction of such indebtedness without <br />prejudice to any of Lender's rights under this <br />Assignment. <br />20. 02€inition. <br />The terms "lessor" and "lessors" as used in this <br />Assignment shall include all landlords, licensors and <br />other parties in a similar position with respect to the <br />Leases. The term "lessee" and "lessees" shall include <br />any tenants and licensees and any other parties in a <br />similar position, and shall also include any guarilaiors <br />or other obligors of the Leases. <br />21. Estoonel Cent -9 f4rate. <br />Within thirty ::. <br />y (3 0) days after request by Lender, <br />Borrower shall deliver, in, recordable form, to Lender <br />And to any r <br />j =�,uati py Lender, estoppel <br />.Certificate; executed by. Borrower. Borrower shall <br />exercise its best efforts.-to obtain execution by each <br />of the lessees of such a'certificate, certif y in g <br />such be the case) that the lessee's Lease is in full <br />force and effect, .the date of lessee's most recent <br />payment of rent, and. -that. there are n ** defenses or <br />offsets outstanding, ' or -,,.stating those claimed by <br />,Borrower or lessee under thib'Assn <br />as the case may. be, and aray� other r the <br />reasonably requested by Lender. �> <br />,Borrower's or any lessee's failure to deliver any such ' <br />certificate in time shall be conclusive upon Borrower <br />that: (i) this Assignment such lessee's Lease are <br />in full force and effect,, :: iWithout modification <br />(fie <br />there are no uncured defaults in Borrower's <br />pe <br />under this Assignment or in Borrowers and such <br />lessee's performance under such lessee's Lease, <br />neither Borrower nor such. lessee have any right of' <br />Offset, counterclaim or deduction under this Assignment <br />or such lessee's Lease, and (iv) no more than one (1) <br />month's rent has been paid in advance under such <br />lessee's Lease. <br />22. ' Other O o s. <br />All persons and entities identified by the designation <br />"Borrower "r including without limitation, all general <br />partners or joint venturers (if any) of Borrower, are - -- <br />jointly and individually bound to perform each and <br />..every obligation of Borrower under this Assignment and <br />are jointly and individually liable to Lender for such <br />performance. <br />23. Incorr�ora ion. <br />Exhibit A and Exhibit B, as attached to this J <br />Assignment, are incorporated into and made a part of <br />this Agreement. <br />W <br />In <br />(Signatures on Following Page) .r. <br />9 <br />