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I I <br />j Ah <br />6. Assignor hereby covenants and vtratTanto to the Assignee that (a) Assignor has not executed any prior assign- <br />ment of the Lease or of its right, titir and interettt- Vi6imn or the rentals to accrue thereunder. (b) Assignor has not performed <br />any 'act or executed any instrument which mlght• gttx vf*nt the Assignee from operating under any of the terms and conditions <br />her f. or which would limit the Assignee in such o #�l+�n: (c) Assignor has not accepted rent under the Lease for any period <br />subsequent to the current peridd for which rent haewahv. —Ar become due and payable, (d) there isno d--�ault now existing under <br />the Usse, and (e) A isignor has not executt A or grand dial , modification oramendmentwhatever ofthe Lease eitherorally or <br />in writting except as set forth in Schedule B. and this, tiit.LeatRe; in full force and effect. <br />B. IT 18 MUTUALLY AGREED WiTH RESPECT 1RACH LEASE THAT:. <br />1. Assign" hereby grants permission to Assignor tocollecti pon; butigotpHoitoierac> ual, anren - isail*`i sits <br />and profits from the said Premises and to retain, and use and enjoy the same, but reserve's the righttorevae'sacli �n <br />at any time, with or without cause, by notice in writing to Assignor by certified mail senttothe address heir na f -00,"— oiled <br />for mending notices, in any event, such permission to Assignor shall be autornaticily revoked upon default, by As*4'gipr nthe <br />payment of any of the Obligations secured hereby or in the performance of any obligation, convenant, agreemamt 10re$n, in <br />said mortgage or deed of trust, in the Lease or in any of the Obligations secured hgiby, or in any securing docuxaecijiven in <br />connection therewith, (all of which will be referred to herein as "Default "). E7. 114ew6t that the Assignee mho' a' a such <br />permission or after the occurrence of a Default, the Assignee, may at its optics, al4rnotification to Asaignor, Lgwed mail, <br />to the address hereinafter prescribed for sending notices, direct any or all of the tenants of the Premisesto pay-tvAbi i'Rhee, its <br />agents or its attorneys, such rents, issues, profits, revenues, deposits, rights and benefits as may now be due or iW! l3er <br />become duel and Assignee may collect the same. Theaffidavit or written atstame>at of an officer, agent, or attorney off- Asmignee <br />stating that there has been a Default shall constitute conclusiveevidence the ee& and anyu riantorother persons isauihorized <br />and directed to rely thereon. The Assignor further agrees, that in the event th- e. per mission to use and retain thereatsi-income. <br />issim, deposits and profits, should be terminated or upon the occurance of a L" - Aultt•toimmediately turn over to Assignee, at <br />the time and in,the manner ra nono Wby Assignee, all security depnwita deposited by Lessees of thePreminsin <br />accordance with the provisions of the Leases. <br />2. Notwithstanding the provisions of paragraph I hereinabove. upon or at anytime after a Default as eiiti : <br />inabove, the Assignee, at its option, may declare all Obligations secured hereby immediately due and payable, andtm$y,a:tiu <br />option. without notice, and if any such Obligations he secured by deed of trust irrespective of whether a declaration of default <br />under said deed of trust has been delivered to Trustee thereunder. exercise all rights and remedies contained incaitl.martgaga <br />or deed of trust and without regard for the adequacy of security for the Obligations hereby secured, either in peroonor.K— ageatt <br />with or without bringing any action or proceeding, or by a receiver to be appointed by ac curt, enter upo]r,take posseesion taf', <br />manage and operate said Premises or any part thereof, maize. enforce, modify, and accept the surrenderofLeasee.bibtainaha • <br />evict tenants, Ox or modify rents, and do any acts which the Assignee deems proper togratect the security henota xid either <br />with or without taking possession of the Premises, in its own name, sue for or otherwiwa:..^,leot and receive all rentssssuesand <br />profits. including those past due and unpaid, and apply the same, less cost and expenaescfOperation and colIectiott, n nduding, <br />but not limited to, payments for wages and payroll taxes, compensation of managing agent and other managemer %costs a rod, <br />expenses, real estate taxes and assessments, water, sewer. and similar charges, insurance and workmen's compen"tion <br />premiums, ground rents, customary real estate commission, and reasonable attorney's fees and court costa. upon any0ibliga• <br />lions secured hereby. and in such orders! the Assignee may determine. The entering upon and taking possession of the Prem- <br />ism. the collection of such rents, iasurs and profitfo and the application thereof as aforesaid. shall not cureor waiveany default <br />or waive, modify, or affect notice of default under said mortgage or deed of trust or invalidate any act done pursuant tosuch <br />notice. Assignor hereby releases any and all claims which it has or might have again tAmignee arising out of such collection,,. <br />management operation and maintenance, excepting the liability (if Assigneeto account foramounts collected ttzdexpended <br />by it. <br />3. The Assignee shall not be obligated to perform or dis charge, nor does it hereby undertake toperfomari isehargfe, <br />any obligation, duty or liability under the Lease, or under or by reason of this Assignment. Assygmnr shall ar.6 dpes heresy <br />agree to indemnify the Assignee against and hold it harmless from any and all liability, loss orda,="e which it miry or might <br />incur under the Lease or under or by reason of this Assignment and of and from any and all cla�zw,, nd demisaid w hitsoever <br />which maybe asserted against it by reason of any alleged obligation or undertaking on its part to :r_m orin d* discharge <br />of any of the terms. covenants or agreements contained in the Lease: should the Assignee ineur.Wy such lials. i2y, loss or <br />damage under the Lease or under or by reason of this Assignment, or in the defense against any such claims or demands, the <br />amount thereof, including costs. expense* and reasonable attorney's fee*, together with intereatthereon at the highestrate set, <br />forth in any of the Obligations secured hereby, shall be secured hereby and by the said mortgageordeed of trust, and Assignor <br />shall reimburse the Assignee therefor immediately upon demand, and upon the failure of Assignorwaato do the Assignee may <br />declare all Obligations secured hereby immediately due and payable. <br />C. IT 18 FURTHER MUTUALLY AGREMI) ` HAT: <br />1. Until the Obligations secured hereby shall have been paid in full. Assignor covenants as c3,eestt ,ite<p zLiliff <br />at a good and sufficient rental the Premises and upon demand to transfer and tisaign to the Assignee ate, &nd &I UL- 13fseq-,�e=t <br />Leasss upon all or any part of such Premises upon the some or substantially the same terms and conditileai msreherein-oun- <br />tained. and to make, execute, and deliver to the Assignee. upondernaad, anyand all instrurnenta that may hon aryordeems- <br />able therefore, but the terms and prov isionsof this Assignment ehnl t apply ts►any such au hsequent I.rase or Leases whetheror <br />not so assigned and transferred. <br />2. Assignor shall, upon request of Assigner, furnish it a complete list as of the date of the requestof a-11 Leames and <br />other tenancies of the Premise* in such reasonable detail as may be requested by Assignee. Further, if requested, Assignor <br />shall deliver to Assignee executed or certified copies of all Leeseo and other written agreements, correspondence, and memo- <br />randa between Assignor and Lessees and other tenants setting forth the controctuol arrangements between them. Such <br />requests may be made at any reasonable time. <br />3. The failure to list any specific I eases under tit•hedule 11 he o, shall wit ifwolidate or offset in any manner. the <br />general assignment of rents and leases provided for herein. <br />d. Up.►n the payment in full of all Obligations secured hereby, (is evideocc,#1 lw thr revordiiig or filing of a,-; , :�stru• <br />mentrifsatisfsetion or full release of said mnrtuageor deed (of trust. unless there sholl hove IN•t•n rect-•fled it notherinorgt:x w <br />dad oftrustin favor of the Assignee covering the whole or (if iypa rt (if theteaactlt'reirnxrr+.tl]tN 09idt�tl 'llnf ?]ltflhallllCt'1H1S4tt415 <br />and void and of no effect. <br />r <br />