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201804443
<br />NOW, THEREFORE, in consideration of the mutual promises, covenants and
<br />agreements herein contained, the parties hereto, intending to be legally bound hereby, promise,
<br />covenant and agree as follows:
<br />1. Landowner hereby absolutely and irrevocably assigns to FCL all of its right, title
<br />and interest in and to the Lease and all rents, issues, profits, royalties, income and other proceeds
<br />and similar benefits derived therefrom (collectively, the "Assigned Interests "), and hereby
<br />irrevocably appoints FCL its true and lawful attorney in fact, at FCL's option at any time, to
<br />demand, receive and enforce payment, to give receipts, releases and satisfactions, and to sue,
<br />either in Landowner's name or in FCL's name, for all the Assigned Interests, provided that as
<br />long as no event of default remains uncured under the Security Instrument, Landowner shall
<br />have a license to collect all amounts received in respect of the Assigned Interests, and to retain
<br />and enjoy the same. While any such event of default remains uncured, (a) Landowner's license
<br />to collect such amounts shall automatically terminate, without notice, (b) FCL may at any time,
<br />without notice, in person, by agent, trustee or by court appointed receiver, sue for or otherwise
<br />collect such amounts (including past due amounts), and (c) promptly following demand by FCL
<br />therefor, Landowner shall deliver to FCL all prepaid rents, deposits relating to the rents, and all
<br />other amounts relating to the Assigned Interests then held by or thereafter collected by
<br />Landowner. All such amounts collected by or delivered to FCL may be applied by FCL against
<br />the obligations secured by the Security Instrument.
<br />2. The Lease and all provisions, estates, rights, options, liens and charges therein
<br />contained or created are and shall be subject and subordinate to the FCL Interests and all
<br />amounts and interests secured thereby or otherwise owing pursuant thereto.
<br />3. In the event that FCL or any trustee or other representative for FCL takes
<br />possession of the Property or any portion thereof or improvements located thereon, as owner,
<br />mortgagee -in- possession or otherwise, or forecloses the Security Instrument or otherwise causes
<br />any portion of the Property or any improvements located thereon to be sold, assigned or leased,
<br />pursuant to any FCL Interest, FCL agrees not to affect, terminate or disturb Tenant's right to
<br />quiet enjoyment and possession of the Property under the express terms of the Lease or any of
<br />Tenant's other express rights under the Lease in the exercise of FCL's rights under the FCL
<br />Interests so long as Tenant is not then in default under any of the terms, covenants or conditions
<br />of the Lease or this Agreement.
<br />4. In the event that FCL or its successors or assigns or any trustee therefor takes title
<br />to the Property or sells the Property, in each case in connection with the enforcement of the
<br />Security Instrument or any transaction in lieu thereof, then the fee owner of the Property after
<br />giving effect to any of the aforesaid (hereinafter collectively referred to in this paragraph as
<br />"Successor Landlord ") and Tenant hereby agree to recognize one another as landlord and tenant,
<br />respectively, under the Lease and to be bound to one another under all of the terms, covenants
<br />and conditions of the Lease, and Successor Landlord shall assume all of the obligations of
<br />Landowner under the Lease. Accordingly, from and after any such event, Successor Landlord
<br />and Tenant shall have the same remedies against each other for the breach of an agreement
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