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90= 104843. r <br />s hereby covenants and warrants !b the Assignee that (a) Assignor has not executed any prior <br />assi�rinjNiF,ai �isass or of bright We and interest therefn or the rentals to adem thereunder: (b) has not <br />performed any Actor executed any instrument which mkM pxeventthe Assignee from operating under any att�ietermsand <br />r ` ` lWndWmabereof orwhi..Iwa,w llimfA fheAsaigneeinmchc► perMM( c) AssignorhasnotaccepbdrentundertheL .easels <br />b cunsntpwiodforwhich renthasaiready become dueand psyabie; ;there Is nodefaultnow <br />eexudunQgrthea�aart< l(e) AsaignarhasMexscuiedorgranledanym tgcakon efofthelease <br />eitlteroraly or in writing except es setforlh in Schadule lk andthatthe Weese is in full force andetrleclL <br />8: IT IS MUTUALLY AGREED WRH RESPECT TO EACH LEASE THAT <br />1. AsngnesherebygrAnt psmtisdmfoAsaigrtortocoWupM bArWprWiDeCCmW.allrarKs.isaues. <br />_ andprofitstromthesaidPmill ndtoralsin, anduseany�anjoylhesarn�butreservsstlteri Mtorevokesuch� <br />atanytime a thorwit " Acmo% bynolkeln--'— bAseigrtorbycertilledmailsanttotheaddresshereinallerprascribedfor <br />>srtsirtg nodeea to event: such perrnissiort _­­w shall be'atrtomaticcally revoked upon default by'Assignor in the <br />paryrmerttofairyofdts �securedherebyorinUsepsrlonnancsofanyobligation .covenantagreemar>therein.insaki <br />mortgage of deed ottrust, in the Lasts or in arty of the 0bligadorts secured hereby. or in any securing document amen in <br />cocxtscltontherswilit,(aN of tirttich will bs roMrred to hereh as "Data 1. Into awntfhat.theAssIV" should revoke such <br />p !1$118 iortorahwrtheoccwm wA* ofaDefaulkf tAssignokmayatitsopdmafternodka *mtaAssignor byeordWmaitto <br />umaddrsss horeinallerprescribed for sending notices.tgrectany or all of to Prentiseslo pay to Assignee, its <br />agsnes or its such ants, issues, profits„ revenue depoeits.'righb and benefits as now be due or shalt <br />lteninallerbecocns� n and Assignee may collectfftosame. Theaffidavitorwrittenstatementofanofficer agentorattorney <br />of Assignee sdtlng U MS there has been a Default shall conatitule conclusive evkkince tf ter eof ;and a�nyy ten silt to other persons <br />Is authorised and directed to relythereon.The Assigrmfurlher agrossothat in the evenl:the permission llo use and retain the <br />rents, income. issues,deposits and protits,should beteminatedor upon the occurenceofa Defaulklo immedlatelytum over <br />to nes, atthetimeandinthemannerreeqquestedby�ssignee. allaecudVdep ositsorottwmoniesdepositedbyLessees <br />of the remises in accordance with the provisions of the Leases. <br />2. Notwitttsfandin$ the provisions of paragraph 1 he►ednabove. upon or at any time after a Default; as defined <br />herainabove .ffteAssignei%atiteoption, maydeciareall Obilgedonsisecure d hereby lmmediatstydusand payable,and may,at <br />its option, without notice. and if any such Obligations be secured by deed of trust irrespective of whether a declaration of <br />default under said deed of trust has been delivered to Trustsethereurider. exercise all rights And remedies contained in said <br />morigageordeedoftrustand without regard fortheadequacyofsecurityforthe Obligations hereby secured. eltherIn person <br />or by agent with or without bringing any action orprocesding, or by a receiver to be appointed by a court enter upon, take <br />posesaalon ot manage and operate said Premises or -any part thereof, make, enforce. modify. and accept the surrender of <br />Leases. obtain and edit tenants, fix or modify rents, and do any acts which the Assignee deems proper to protecli the security <br />hereof.and eitsterwhh orwithouttaking possession of the Premises, in itsown name. sue for or Otherwisecoitectand receive <br />all rents, issuesandproNts„ Including those pasidueandunpaid. anyapply the same, less costandexpensesofoperat ibnand <br />collection. Including, but not limited to. payments for warms and payroll taxes, compensation of managing agent and other <br />management costs and expenses, real estate taxes and assessments. water, sewer, and similar charges, insurance and <br />workees compensation premiums, ground rents. customary real estate commission, and reasonable attomey's feesand court <br />costs, uponanyObligations secured hereby, and in suchorderastheAssignee may determina The entering upon and taking <br />possession of the Premises, thercoliection of such rents, Issues and profits and the application thereof as aforesaid, shall not <br />cure or waive any delaultor waive, modify, oraffect notice of default under said mortgageor deed of trust or invalidate any act <br />dome pursuantto such notice. Assignor hereby releases any and all claims which it has or might have againstAssignesarising <br />out of such collection. management operation and maintenance. excepting the liability of Assignee to account for amounts <br />collected and expended by it <br />3. The Assignee shall not be obligated to perform or discharge, nor does it hereby undertake to perform or <br />discharge, any . duty or liability under the Lease. or under or by reason of this Assignment Assignor shall and does <br />herebyagreetoi niy the Assignee againstand hold ithamtiessfrom any andall liability. lossor damage which it may or <br />might incur under the Lease or under or by reason of this Assignment and of and from any and all claims and demand <br />whatsoeverwhkfi maybeasserled againstitby reason ofanyalleged obligation or undertakingon itspartto Wormor inthe <br />discharge of any of thetsrms, covenants, or agreementacontained in the Lease: should theAssignee incurany such liability, <br />loss or damage under the Lease or under or by reason of this Assignment or In the defense against any such claims or <br />demands, the amount tiftsreof, including cosh, expenses and reasonable attorney's fees. together with interest thereon at the <br />highest reds settorth in any of the Obligations secured hereby, shall be secured hereby and by the said mortgage or deed of <br />trustandAssignorshatl reimburnetheAssigneetheretorimmed .ately upon demand. and upon thefailureof Assignor so to do <br />the Assignee may declare ail Obligations secured hereby immediately due and payable. <br />C. IT IS FURTHER MUTUALLY AGREED THAT. <br />I. Until the Obligations secured hereby shall have been paid in full, Assignor covenantsand agrees to keep leased <br />at a good and sufficient rental the Premises and upon demand to transfer and assign to the Assignee any and all subsequent <br />Leases upon all or any part of such Premises upon the same or substantially the same terms and conditions as are herein <br />contained, and to make, execute, and deliver totheAssignes. upon demand, any and all instrumentsthat may be necessary or <br />desirable therefor. but the terms and provisions of this Assignment shall apply to any such subsequent Lease or Leases <br />whether or not so assigned and transferred. <br />2. Assignor shall, upon requestof Assignee, fumish ita complete list as of the date of the request of all Leases and <br />other tenancies of the Premises in such reasonable detail as maybe requested by Assignee. Further, if requested, Assignor <br />shall deliver to Assignee executed or certified copies of all Leases and other written agreements, correspondence, and <br />memoranda betweenAssignorand Lessees and other tenantssettingforth the contractual arrangements betweenthem. Such <br />requests may be made at any seasonable time. <br />3. i he failure to list a spe�iiic Leases under Schedule B neretu, shalt not invalidate or afiesci in any rnaruier. ti to <br />general assignment of rents and leases provided for herein. <br />L d. Upon the payment in full of all Obligations secured hereby, as evidenced by the recording or filing of an <br />instrument of satisfaction or full release of said mortgage or deed of trust, unless there shall have been recorded another <br />mortgage or deed oltrustinfavorof the Assignee coveringthe whole or any part of theleased Premises, thisAssignment shall <br />become null and void and of no etfect <br />7 <br />h <br />W <br />I <br />