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1018 9 6. Assignor hereby covenants and warrants to the Assignee that (a) Assignor has not executed any prior assign- ment of the Lease or of its right, title and interest therein or the rentals to accrue thereunder; (b) Assignor has not performed any act or executed any instrument which might prevent the Assignee from operating under any of the terms and conditions hereof, orwhich would limit the Assignee in such operation; (c) Assignor has not accepted rent under the Lease for any period• subsequent to the current period for which rent has already become dueand payable; (d)there is no default now existing under the Lease. and(e).Amignor has not executed or granted any modification oramendmentwhateverofthe Leaseeitherorallyor in writting except as set forth in Schedule B. and that the Lease is in full force and effect. a IT IS MUTUALLY AGREED WITH RESPECT TO EACH LEASE THAT: 1. Assignee hereby grants permission to Assignor to collect upon, but not prior to accrual, all rents, issues, deposits and profits from the said Premises and to retain, and use and enjoy the same, but reserves the right to revoke such permission at any time, with or without cause, by notice in writing to Assignor by certified mail sentto the address hereinafter prescribed for sending notices. In any event, such permission to Assignor shall be automaticlly revoked upon default, by Assignorinthe payment of any of the Obligations secured hereby or in the performance of any obligation, convenaunt,_agreement herein, in . said mortgage or deed of trust. itt the Lease or in any of the Obligations secured hereby. or in any securing document given in connection therewith, (all of which will be referred to herein as "Default "). In the event that the Assignee should re ioW.such .pennissionoretertftr. occurrence ofaDefault, theAssignee, mayatitsoption, after notificatibatoAssignor ,byceriTkA tail, to the address hereinafter prescribed forsending notices. direct any or all of the tenants of the Premises to pay to Assignee, its agents rrr its attorneys, suchrente, issues,profits. revenues, deposits, rights and benefits as may now bedueorshall herehuifter beecaue true, and Assignee may collect the same. The affidavit or written statenurr.#.ef an officer, agent, or attorney of Assignee stating thatthere hasbeen aDefaultshall constitutec endusiveevidencethereof, a=i anytenantor other persona isauthorized and directed torely thereon. The Assignor further agrees, that in the event the permission to use and retain the rents, income, issues, deposits and profits, should be teradnaW or upon the occorance of a Default. to im-m effatdy turnover to Assignee, at the time and in the manner requested byAaBrgu, _=e, all security deposits or other rata esdepasit edbyLesseesofthepremisesin accordance with the provisions of the Leasga, '' ?. Netwitbatanding the provisicr:a_gf baragraph 1 hereima) salve, upon or a. a5 yti� a�ter a Default, as deffaed here - i +s fair: Assure, at its option, may dechLre_'01 Obligations secus,ed hereby immediatAythi e and payable, =d tray, atits rip! xi h„, i l out rage, and if any such Obl4g6 -as be secured by deed of trust irrespective ofirether a declaration of default ur.&xeafd deed of trust has been delivered to Trustee therriiinder, exercise all rights and remedies contained im said mortgage or dee& . of trust and without regard for the adequacy ofsentirity for the Obligations hereb secur y ed, either iii person or by agent t with ' without bringing any action or proceeding, or by a receiver tc be appointed by a court; enter upon, take posseson of, manage and operate said Premises or any part thereof, make, enforce, modify, and accept the surrender of Leases, obtain and evict tenants, fix or modify rents, and do any acts which the Assignee deems proper to protect ibe security hereof and either ' with or without taking possession of the Premises, in its own name, sue for or otherwise collect and receive all rents, issues and profits, including those past dueand unpaid, and apply the same, leas coat and expenses ofoperation and collection ,including, but not limited to. payments for wages and payroll taxes, compensation of managing agent and othermanagementcosts and expenses, real estate taxes and aseessiment;C, water, sewer, and similar charges, insurar-cw imil workmen's compensation } : premiums, ground r1:ntaa, customary real estate commission, and reasonable attorney's fees anti court costs, upon any (Jbliga- tiorra secured Ihereby, and in such order as the Assignee may deterwiue; The entering upon smi miring possession of th ePrem- iser,.thm wilection ofouch rents, issues and profits and the applicathin: taereofasafaresaid, shell notcum orwaiveany default or waive, modify, or affect notice of default under said mortgage or &A of trust ;orimvalidate any actdi)nn_ pursuant to such notice - Assignor hereby releases any and all claimswhich it has or ai i(jILt have e4jilctst Assignee arising out of ouch collection, management operation and maintenance, excepting the liability of Assignee to accountforamounts collected and expended -- by it. 3. The Assignee shallnot be obl; gated toperform or discharge, nor does ithereby undertaketo perform ordischarge, any obligation, duty or liability under the Lease, or under or by reason of this Assignment. Asst agree to indemnify he Ass' y magr shall and does hereby Y r8rte�eagainstandltolditharmlesefromany ,andallliabilit ,Joatogdama ewhichitara.orrrt ht incur under the Lease or under or by reasan of this Assignment and of and from any and all cjaime and demand w•hatwe' ver which maybe asserted against it by reason of any alleged obligation or undertaking on its Bart to perform or in the divaYr�arge of any of the terms, covenants or agreements wntr�inui in the Lease; should the Assignee incur any such liability, loss or damage under the Lease or under or by reason of tl is A asignment, o: in the defense against any such intros or demaaCa, the amautst .tlrereof,includingcost�, eapensesand reasonable attorney's fees. together with inter��et.thereonatthe higheatzaeet forth in any of the Obligations secured her+Eby, efaall be secured hereby and by the said mortguj or deed oftruet, and Arteignor shall reImbwstethe Assignee therefor inI uaWte upon demand, and upon the failure of Assignor so to do the Assignee may declare all Obligations secured hereby immediately due and payable. C. IT IS FURTHER MUTUALLY AGREED THAT: 1. Until the Obligations secured hereby shall have been paid in full, Assignor covenants and agreesto keep leased at a ,good and sufficient rental the Premises and upon demand to transfer and assign to the Assignee any and all subsequent Leases upon allor any part of such Premises upon the same or substantially the same terms and conditions as are herein con- tained. and to make, execute, and deliver to the Assignee, upon demand, any and all instruments that may be necessary or desir- able therefore, but the terms and provisions of this Assignment shall apply to any such subsequent Lease or Leases whetheror not-so assigned and transferred. a 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 he 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 thnm. Such requests may be made at any reasonable time. S. The failure to list any specific Leases under Schedule R hereto, shall n>>t invalidate or affect in any manner, the Lgeneral assignment of rents and lessee provided for herein. 4f 4. Upon the payment in full ofru11Obligation3 secured hereby, ny evidenced by the recording or filing f ;faninstru- fr ment of satisfaction or full release of said mortgage ordeed of trust, unless there shall have been recorded another mortgage or deed of trustirs favor of the Assignee coveri ng the whole or any part of the leased Premises,this Assignment shall become null and void and t f ne, effect r' — - x. r �Y ' 4