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90-106400
<br />6. Assignor hereby covenants and warrants to the Assignee that (a) Assignor has not executed any prior
<br />—;;-Tnsfttol tha Lease or of its right. tilts and interest therein or tho rentals to accrue thereunder; (b) Assignor has not
<br />__n any act of executed any instrument which might prevent the Assignee from operating under any of 1F� Kxms and
<br />1: - w --is b roof, or which would limit the Assignor in such operation; (e) Assignor has not accepted rent under the Leasefor ;
<br />Lino psi hid su`br -- to ttte cuirenl period for which rent has already become due and payable; (d) there' a no default now
<br />either orally or h writlng,excep) as forts i notexecb B, andmthatthe Lyease is in force and
<br />�(egtwhateverofthe Lease
<br />B. IT IS MUTUALLY AGREED WITH RESPECT TO EACH LEASE THAT: �
<br />1, /lasignaeherebyygrants IsalontoAssignortecoNutupon, buinotpriortoaccrual .all ran
<br />ts,tasues,de� sits
<br />andprofitsfromthesaidPrismiaesan toretain. anduseanyenjoythessme, butreservestherighttorevokesuchperm salon
<br />atanYtime, wlthorwithoutcauss ,bynoticeinwriti ptoAsaignarbyceNRed mail senttotfieaddrese hereinafter prew.ribedfor
<br />sending notices to any event such permiaaion tonllssignor shall be automatically revoked upon dNault by Asglgrtcr in tits
<br />cwt' c;gvertar�A ag
<br />paymentotanyofthaObligationssecurodherebyorintheperformanaaofanynt�lfr rcart, �q��rth�lr,,irtWlct
<br />aaggee Or deed of trual In the Lease or in any of the ©bligatlona secured lwynk,,y. or In any securing d0cumen t Wart in
<br />c necNon therewith (all of which will be referredto herQlrt ast "pefauIt,). in the rarcerrltlhattReAsaJgRee should! rnarcaar�ralw�?
<br />permlesrlonorafterlixraccurrortceofaDefaufltheASSigrtae, mayatitsapbon, afternctificattant�Asstgnor .byce+�f�Qrl�Bmn�iP�crr I
<br />the adcfresa lterairrrsftr3v Ntrrt3cri bed for sertdl rtg rt4tYCes, direct any or all of the tenants of the Premisres to pay to r�i3iYm iR3
<br />agents or Its attrarr eye *jCh , Mn% isstrlr profits, revenues, is, rights and benefits say rn%% now be due Cc sWltt
<br />herelnafterbeCrmsr 1Id,0arnd' rWange maycvc11lectthesame. The�vitorwrittenst atementafr ,,jTalfcer.agerd'oC*MW'KZ'YY -
<br />ofAssigneestatfcrgl a; .l� �ITeenaQefauitshallconstituteconclusiveevidencethereof ,arrrJ' ,yctenaMe,xolt�.wr^ s _; •.
<br />Is authorized and dir�eCJlB�f rp� rralr ti�rctroCrt. The Assignor further agrees. that in the evr�+at the pernn won to use +M(J�a
<br />rents, income. issues, deposftw. .f.priotits` should beterminatedor upon the
<br />occu► an�crfaf3etieult .toimmecPimtxfl��ttum.wWar
<br />to Assignee, atthe�ftneandinffs e manner requested byAssignee , all security depositsorothern tesdepositectl� Lessees
<br />of the Premises in rsccordance with the provisions of the Leases
<br />Ir
<br />2
<br />Notwithstanding the provisions of paragraph 1 hereinabove, upon or at any time after a Default, as defined
<br />hereinabove ,theAssignee,atitsoption.ma declare ailObligatlonssecuredherebyimmediatelydueandtryable andmay.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 Trustee thereunder, exercise all rights and remedies contained in said
<br />mortgageordeadoltrustandwithoutregardfortheadequacyofsecurityfortheObligationsherebysacured ,eitherin person
<br />or by agent with or without bringing any action or proceeding, or by a receiver to be appointed by a court enter upon, take
<br />possession of, manage and operate said Premises or any part thereof. make, enforce, modify. and accept the surrender of
<br />Leases,obtain and evicttenants,fixor modify rents, anddoanyactewhich the Assignee dews proper to protectthesecurity
<br />hereof,and eitherwith or withouttaking possession of thle Premises, In itsown name, suefororotherwise coilectand receive
<br />all rents, issuesand prot'its, includingthose pasi dumand anpafd,anyapplythe same,tess costand expensesoloperation and
<br />collection, including, but not limited to. payments for wages and payroll taxes, compensation of managing apem and other
<br />management costs and expense% real estate taxes and assessments. water, sewer, and similar charges, insurance and
<br />worker's compensation premiums, ground rents, custom eWrealestatecommission, andreasonableattomeysfeesandcourt
<br />costs. upon anyObligations secured hereby,and in such orderasthe Assignee may determine. The entering upon and taking
<br />possession of the Premises, the collection of such rents, issues and profits and the application thereof as aforesaid. shall not
<br />cureorwaalvas any dalau:ior waive, modify. or affect noNt:eof default under said mortgage or deed of trust or invalidate any act
<br />done pursuantto such notice. Assignor hereby releases any and all claims which it hasor might have against Assignee arising
<br />out of such collection, management operation and maintenance, excepting the liability of Assignee to account ffor 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 obligation, duty or liability under the Lease, or under or by reason of this Assignment Assignor shall and does
<br />hereby agree to Indemnifythe Assignee against and hold it harmlessfrom any and all liability, toss or 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 />whatsoever which may be asserted against it by reason of any alleged obligation or undertaking of its part to perform or in the
<br />di"sxrtsarge of amyolihetemns, covenants. or agreementscontained in the Lease; should the Assignee incur any such liability,
<br />low or damage uinder the Leas® or under or by reason of this Assignment or in the defense against any such claims or
<br />demands, the.ammmMireol; Including costs, expenses and reasonable attorneys fees, togetirm with interest thereon at the
<br />highest rate set t in any, of the Obligations secured hereby, shall be secured hereby and by the said mortgage or deed of
<br />trust and Assignor shall reimbursethe Assignee therefor immediately upon demand, and uposntlhe'ca4lure of Assignor sot* de.
<br />the Assignee may declare all Obligations secured hereby immediately due and payaWm
<br />C. CT IS FURTHER MUTUALLr7P/. GRIEGQ TFP/ftT:
<br />t. Ur have been paid in full. Assignor covenants and agreesto keep leased
<br />at a good and sufficient FWJM0, *e PrOrftts amd ! p=.6amand to transfer and assign to the Assignee any and all subsequent
<br />Leases upon all or any part cf %4r:CLt P ,,rem u:j=m C° same or substantially the same terms and condnccrrrs as are herece, '
<br />contained. and tQer*e "emir- arid upon demand, anyarrdmllinstrumentsthatrrr "bemeceasgrYcs'
<br />desirable theref*r belt Vito % rl rs and vwcitons of this /assignment shall apply to any such subsequent: ;.,tie. *r Ceara
<br />whether or not era, assigned and taransfrrM&
<br />2 Asslgrrcr!a'te -,. u. RonrequestofAssignee, furnishitacompletelistasofthedateoitiser4 uest�N',rd`lf easesr�rrd.
<br />other tenancies eftj7.ePremiaes In such reasonable detail as maybe requested by assignee. Fu ltrer it oeM irefad, Assignor
<br />shall deliver to Assi.'q ree reKe-cuted or certified copies of all Leases and other w►iii n agreeiar d'offes;pcmden= and
<br />memoranda beevaieea,.Asatr!erandLessees and othertenanissetting forth the contractual arrw .r nsents between them. SL=W.
<br />requests may tze made at any reasonable time.
<br />3. The failure to list any specific Leases under Schedule B hereto, shall not invalidate or affect in any manner, the
<br />general assignment of rants and leases provided for herein.
<br />4. Upon the payment in full of all Obligations secured hereby, as evidenced b the recording or filing of an
<br />instrument of satisfaction or full release of said mortgage or deed of trust. unless there shad have been recorded another
<br />mortgage or deed of trust in favor of the Assignee covering the whole or any part of the leased Premises, this Assignment shall
<br />become null and void and of no effect
<br />Cc arts cl
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