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201903153
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201903153
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Last modified
6/3/2019 4:10:51 PM
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6/3/2019 4:10:50 PM
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DEEDS
Inst Number
201903153
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201903153 <br />the Borrower shall not transfer fee title to the Mortgaged Premises to any <br />Lessee, without the prior written consent of the Lender; and no such transfer <br />shall relieve the Borrower of any liability to the Lender, unless the Lender <br />specifically agrees otherwise in writing. <br />6. Security Deposits. In the Event of Default, the Borrower, after any notice <br />requirements or cure period provided in the Loan Documents or mandated by <br />law, if such default remains uncured, shall deliver or cause to be delivered to <br />the Lender, promptly upon request by the Lender, all security deposits held by <br />the Borrower pursuant to the terms of the Leases, which the Lender shall <br />thereafter hold and disburse in accordance with the terms of the Leases. Until <br />any such request by the Lender, all security deposits shall be deemed to be held <br />by Borrower in trust for the Lender. <br />13. The Borrower hereby covenants, represents and warrants to the Lender that: <br />1. Borrower's Authority. The Borrower has good right and lawful authority to <br />grant, transfer, set over and assign, and, other than the Mortgage, Borrower has <br />not executed any prior assignment or alienation of its rights, title and interest <br />in, to and under the Leases and to and in the Rentals, or otherwise encumbered <br />the same. <br />2. No Conflicting Agreements. The Borrower has not performed or committed <br />any act or executed any instrument, and is not bound by any law, statute, <br />regulation, order, mortgage, indenture, contract or agreement, which might <br />prevent the Lender from operating under any of the terms and conditions <br />hereof, or which would limit the Lender in such operation. <br />3. No Other Assignments. The Borrower has not executed or agreed to, shall not <br />execute or agree to, and shall not permit to occur by operation of law any other <br />assignment, alienation, pledge, encumbrance or transfer of any of its right, title <br />or interest in, to or under the Leases or Rentals, except as provided for in the <br />Mortgage. <br />4. No Further Subordination of Leases. The Borrower shall not permit any of the <br />Leases to become subordinate to any lien other than the liens hereof and of the <br />Mortgage. <br />C. It is mutually agreed that: <br />1. Present Assignment. This is a present, absolute, effective, irrevocable and <br />complete assignment by the Borrower to the Lender of the Leases and Rentals <br />and of the right to collect and apply the same, which is not contingent upon <br />Lender being in possession of the Mortgaged Premises. Lender grants to <br />Borrower a revocable license (the "Rental License") to collect the Rentals, <br />which license shall terminate automatically upon the occurrence of an Event of <br />Default (after any notice requirements or cure period provided in the Loan <br />Documents or mandated by law) under the Note, under the Mortgage, under <br />4 <br />
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