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89- +103351 C Assignor hereby covenants and warrants to the Assdgnee that (a) Asaignar ham not executed Any prior asaign- meat of the Luytsc or of its right, title and interest therein or the rentals to accrue thareurtder. (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, or which would limit the Assignee in such operation: (c) Assignor has not accepted rent under the Laase for any period wbesquent to the current period for which rent has already become demand payable; 0)thereisnodsfaultnow existing under inewritung except as stet forth in Schedule 13, and any modification Loase is full famendment e and effect. of Lease either orally or IL IT 18 MUTUALLY AGREED WITH RESPECT TO EACH LEASE THAT: 1. Assignee hereby grants permission to Asrtgthor to eollectupon, but not priorto acrxual, all rents. irwa.dsPosita and profits from the said Premises and to retain, and use and eat joy the same, but reserves the right ravoko aueh p r a mb- A at any time. with or without cauae.lry notice in writing to Assignor by cortilfed mail seatto the "dreeshereinalfisrprsscribed for @ending nation. In any event, *w.- n permission to Assignor shall be automaticity revaked upon default. by Assignorinthhe payment of any of the Obligations secured hereby or in the performance of any oblig4on, convenant, agreawfatt herein, in said moevags or deed of trust, in the Lease or in any of the Obligationssecwred hereby. or in any securing docassent given In connection therewith. (all of which will be referred to herein as "Default"),. 1m, the event that the Assignee should revoke saph by c eraiiled mail permission or afbr the occurrence of st Default. the Assignee. may at its ogtdv.nt, utlf�rcilxkification to Assignor, . to the address hereinafter prescribed for sending notices, direct any or all Qrt4NAt&n=ta of the Premises to pay to Assignee, its sweats or ita attorneys, such rests, issm". profits, revenues, deposits, rights a0 d benefits as may now be due or ahall hersinAw become due. and Assigner may collect the same. The affidavitor written sta ,*meat of an officer. agent, or attMMsy Of. .-giggles statiag that therehasbaft a Default shall constituteconclusive evidencethereof, and any tenant or Other POMIM if a___ - sad and directed to My thomm. The Assignor further agrees. that in the event the permission to use and retain therents,incase, INDIA", 4—MR-4s vfts, should be terminated or upon the accurance of a Default., to immediately turn ovstr to Assignee, at the time and in the nuts>Q ur— requetttttd! by Assignee. all security deposits or other monirve. &,Waited by Lessees Of tree Pnmdm in accordance with the pr. isio".0f the Leases- 2. Irtotwitlietawdrug the provisions of paragraph 1 hereinabovftupon or at any time after a Default, "defined hare. inabove, the Asaigueei. at its optir:6n,; may declare all Obligations secured hereby immediately due and payable, and may, 49ita option, without nvtk*..&rA if &r*7 *w - -h Obligations be secured by deed of trust irrespective of whether a deeiat'etion of default under said deed of tract; lass been dfeJi:vered to Trustee thereunder, exercise all rights and remedies contained i:e.said mortgage or deed of trust and wit -bo t regarcj' fix the adequacy of security for the Obligations hereby secured, either in parson or by agent with or without bringift, any action, car proceeding, or by a receiver to be appointed by a court, enUr upon, take pausesion ot. manage and operate sold premises o rany part thereof, make, enforce. ga4ify, and accept the surrender of Leases.obtain and evict tsnante. fix or modify rents. and do any acts which the Assignee deems proper to protect the Security hereof. and sithw visnvr�o .w�.+ ice :.."'+..• w�a* al�nvgihorwisamilectardreedvemUns .ts.iMnMand with dr within p � a --Ti prow isduding those past due and unpaid, and apply the same, lea cost and expenses of operation an eolhest rash. indriding. but not limited to. payments for wages and payroll taxes. compensation of managing agent and other management c oMs and es...... . "at antafa taxes and assessments. water, sewer, and similar charges. insurance and workmen's aompeaastion peeraihhms.pound rata. customary real estate commission, area reaswtiaoie attorney s tea: i�is� t;3tt : co."'s+ tspaa :.'t; ObB - Goes asntrsd hereby. and in snccit order an the Assignee may determine. The catering upon and taking possession oithe Prem- ises. theeoilsetiort ofouch rents. issuer and profits and the application thereof as aforesaid, shall not cum or waive any default or waive, modify. or affect notice of default under said mortgage or deed of trust or invalidate any act done pursuant to such notice. Assignor hereby releases any and all cl aims which it has or might have against Assignee arising out ofauch collection. management opwadan and maintenance, excepting the liability of Awagnee to account for ama=ts collected and expended by it. 3. The Assignee shall not be obligated to perform or discharge. nor does it hereby undertake to perform ordischarge. any obligation. duty' arr.liability under the Lease. or under or by reason of this Assignment. Assignor shall and does hereby ages to indemnify She, Assignee against and bold it harmless from any a" all liability. lose or damage whichftmoyocatright incur under the lmse or under or by reason of this Assignment and af; uml from any and all claims and demand whatsoever which may be assuM d against it by reason of any alleged obligation or undertaking on its part to perform or in the disi&Wge of any of the tam. covenants or agreements contained in the hie. should the Assignee incur any such liability. leis or damage under the Loan 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 attorney's feem. , together with interest thereon at the highest rate set forth in any of the obrigaUons secured hereby, shall be secured hereby m ad by the said mortgageor deed of trust. and Assignor shall reimburse the Xasignee therefor immediately upon demand, and, apon the failure of Assignor so to do the ASsignmenaay declare alt Obtigatima secured hereby immediately due and payable. C. IT to-FURTHER MUTUALLY AGREED THAT:- 1. Until des Obligations secured hereby shall have been paid in full, Assignor covenants and agrees to keePledesd at a good and sufficient rental the Premises and upon demand to transfer and assign to the Assignee any and all subsequent Loess upon all or any part of such Premises upon the same or substantially the saute 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 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 sissy "ver to Assignee executed or esrtified copies of all Leases and other written agreements, correspondence, and memo- randa between Assignor and Lessees and other umants setups forth the contractual arrangement@ between the*_n. 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 swims! amagnownt of rents and leases provided for herein. t. 1Tpon the payment to full of all Obligations secured hereby. as evidenced by the recording or filing of an instru• nwnt of satisfartn n ur ful l release of said mortasse or deed of trust, unless there shall have been recorded another mortgage or deed of trust in favor of the Assignee coven rig the whole ar any part of the leased Premises, thLe Assignment Nh gill bee ome null and vom anti of no e•fft% t '�l . 1.