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age 41411 �. ,� 0 Al 6. Assignor hereby covenants and warrants to the Assignee that (a).Autsignor has not executed any prior assign- ment of the Lease or of its right, title and interest therein or the rentals to acme thereunder, (b) Assignor has not performed any act or executed any instrument which might prevent the Assignee from operatfna under any of the terms and conditions, hereof or which would limit the Assignee in such operation; (c) Asuigtig-, bas not aclapted rent under the Lenz for any period subsequent to the current period for which rent has already become riue:rr►d.ltalahle;(d) there isnodefault now existing under the Lease, and (e) Assignor has not executed or granted any modification,"Or om:tndment whatever ofthe Lease eitherorally or in writting except as set forth in Schedule B, and that the Lease is in full farce and effect. B. IT IS MUTUALLY AGREED WITH RESPECT TO EACI-Rt LEASS-THAT. 1. Assignee hereby grants permission to Aadgnor to collectupon, buttatilvdor bzw , =tal,ORrents,issues,deposits and profts from the said Premises and to retain, and vase and enjoy the same, but t ee ti eq < �A �tt� n+in +zke such permission at anFdmo, with or without cause, by notice in writing to Assignor by certified prescribed for eentYi 4hotic%An any event, such permission to Assignor shall.be automaticlIty ievckem r4on default, by Assignor in the payment of any' T-i; is Obligations secured hereby or in the performance of any cbl gatiau, convenant, agreement herein, in :aid mortgage or .of trust, in the Lease or in any of the Obligations secured hereby, or in any securing document given in connection then.wf4b; (all of which will be referred to herein as "Default"), I tht - zvent that the Assignee should revoke such permit or a f l,*r �e occurre m. of a Default, the Assigiee. may at its option, a 6t i� otification to Assigner, by certified mail. to the ad:5resi havEnafter prescrd3ed for sending nodows,; direct any or all of thetena= of the Ptembsps tu pay to Assignee, its agentaas its attorn< ys, such rents, issues. profits. reversiz.+ns, deposits, rights and beneft-, asmmyaavvb feershallhereinafter become due, and Assignee may collect the same. The affidavit or written statement of an of Assignee staft4thatthere ha: beenaDefaultshallconstituteccm-A usiveevidencethereof, andanytry $erothe*�zzsonsisauthorized and f�.rE�cted to rely thereon. The Assignor further agraes, that in the event the permission to Isle and rik^;3 die rent@, income, issues, deposits and profits, should be terminated or up Jn the occudance of a Default, to immediately Wu m rvzr to Assignee, at the time and in the manner requested by Assignee. all security deposits or other monies devo�_tA by l"sees of the Pro isesin accordance with the provisions of the Leases.. I Notwithstanding the provisions of paragraph 1 hwam' .hove, upon crst anytime afters Default, as deiized here, irnw4aa r, the Assignee, at its option, may declare all Obligationze-vured hereby immediately due and payable, and may, at its . -,,ptian, without notice, and if any such Obligations be serum's 'eed of trust irrespective of whether a &daration of default mndersaid deed of trust has been delivered to Trustee there :.a te;;: ocercise all rights and reme&es ccataaaiied in ssidi &ortgage wiz ed of trust and without regard forthe adequacy ofseearita• forthe Obligations hereby aev4krr4Lc:.thE. -- in peraoaorTy agent v, i,zh or without bringing any action or proceeding, or by a receiver to be appointed by a cam. eats upon. take p w anion of, m ge and operate said Premises or any part thereof, make, enforce, modify, and accept the surrend —a rf Leases, obtain and evict tenants, fix or modify rents, and do any acts which the Assignee deems proper to protect the securW hereof; and either with or without taking possession of the Premises, in its own name, sue for or otherwise collect andreceive all rents, issues and profits, including those past due and unpaid, and apply the same, less cost and expenses of operation and collection, including, but not limited to, payments for wages and payroll taxes, compeiion of managing agent and other management costa and expenses, real estate taxes and assessments, water, sewer, and ei°milar charges, insurance and workmen's compensation premiums, ground rents, customary real estate commission, and reasonable attorney's fees and court costs, upon any Obliga- tions secured hereby, and in such order as the Assignee may determine.'rhe a niuring upon andtaking possession of the Prem- ises, the collection of such rents, issues and profits and the application t1von. has aforesaid, shall not cure or waive any default or waive, modify, or affect notice of default under said mortgage or deed, a f t or invalidate any act done pursuant to such notice. Assignor hereby releases any and all claims which it has or rnight have againstAmignee arising out of such collection, management operation and maintenance, excepting the liability of Assignmeno account for amounts collected and expended by nt , ' 3. The Assignee shall not be obligated to perform or dia; Surge, nor does it hereby undertake to perform erdi :charge, any obligation, duty or liability under the Lease, or under or by reason of this Assignment. Assignor shall and dare hereby agree Win the Assignee against and hold it harmless from any and all liability, loss or damage which it may or might incur arses the Lease or under or by reason of this Assignment and of and from any and all claims and demand whatsoever which may be asserted against it by reason of any alleged obligation or undertaking on its part to perform or in the discharge of any of the terms, covenants or agreements contained in the ;,ease; should the Assignee incur any such liability, loss or damage under the Lease or under or by reason of this Assignment, or in the defense against any such claims or demands, the amount thereof, including costs, expenses and reasonable or fees, together with interest thereon at the highestrate set forth; in any of the Obligations secured hereby, shall be secured hereby and by the said mortgage ordeed of trust, and Assignor shall reimburse the Assignee therefor immediately upon demand, and upon the failure of Assignor sir G3 do the Assignee may declare all Obligations secured hereby immediately due and payable. C. IT I8 FURTHER MUTUALLY AGREED THAT: 1. Until the Obligations secured hereby shall have been paid in full, .Assignor covenants and agrees to keep leased at a good and sufficient rental the Premises and upon demand to trunefer and assign to the Assignee any and all subsequent Leases upon all or any part of such Premises upon the same or substantially the rarne terms and conditions as are herein cor.- twined, and to mike. execu te, and deliver to the Assignee, upon demand, any and oil instruments that may be necessary ordesir- able therefore, but the terms and provieWint of thid A,.tiaignment shall apply to aay race Pit,; b Sequent Lease or Leasea whether or not so assigned and transferred. 2. Assignor shall, upon request of Assignee, furnish it a complete list as of the date of the request of all Leases and other tenancies of the Premises in such reasonable detail as may be requested by Assignee. Further, if requested, Assignor shall deliver to Assignee executed or certified copies of all Leases and other written agreements, correspondence, and memo- randa between Assignor and Lessees and other tenants setting forth the contractual arrangements between them. Such requests may be made at any reasonable time. 3. The failure to list any specific Leases under Schedule B hereto, shall not invalidate or affect in any manner, the Lgeneral assignment of rents and leases provided for herein. 4. Upon the payment in full of all Obligatians secured hereby, as evidenced by the recording or filing of an instru- ment of satisfaction or full release of said mortgage or deed of trust. unless there shall have been recorded another mortgage or deed of trust in favor of the Assignee covering the whole or any part of the leased Premises, this Assignment shall become null and void and of no effect • c r -7. era