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t <br />L <br />Sq.. -.04998 <br />6. Assignor hereby covenants and warrants to the Assignee that (a;. AaMUnor has not executed any prior assign- <br />ment of the Lease or of its right, title and interest therein or the rentals to accrue thoreunder, (b) Assignor has not performed <br />any act or executed any instrument which might prevent the Assignee from operating under any of the terms and conditions <br />hereof, or which would limit the Assignee in such operation. (c) Assignor has notaccaided rent under the Lease for any period <br />subsequent to the current period for which rent hew already become dueasd payab ;c.; (d)'there is no default now exiling under <br />the Lease, and (e) Assignor has not executed or granted any modification or ame'ndmentwhateverof the Lesse eithererally or <br />in writting except as set forth in Schedule 13, and that the Lease is in full force and effect. <br />B. IT IS MUTUALLY AGREED WITH RESPECT TO EACH L E ME THAT: <br />L Assignee hereby grants permission to Assignor to collectupon, but not prior to accrual, all rents, issues, deposits <br />and profits from the said Premises and to retain, and use and enjoy the same, but reserves the right to revoke such permission <br />at anytime. with or without cause, by notice in writing to Assignor by certified mail sentto theaddress hereinafter prescm -bed <br />forsending notices. In any event, such permfasipn to Assignor shall be automatielly revoked upon default, by Assignorimth e <br />payment of any of the Obligations secured hereby or in the performance of any obligation, convenant, agreement hereiu,.in <br />said mortgage or deed of trust, in the Lease or in any of the Obligations secured hereby, or in any securing document given in <br />connection therewith, (all of which will be referred to herein as "Default "). In the event that the Assignee should revoke a rah <br />permission or after the occurrence of a Default. tke Assignee, may atito option, after notificatioato Assignor, by certifiedmaZi <br />to the address hereinafter prescribed for sending notices, direct any or all. of the tenants of the Premises to pay to Assigrv� ita <br />agents orits attorneys, such rents, issues, profits, revenues, deposits, right and benefits as may now be due or shall hereinafter <br />become due. and Assignee may tolled the same. The affidavitorwritten statement of an officer, agent, or attorney of Assignee <br />stating that there has been a Default shall constitute conclusiveavidence thereof, and any tenant or other pemns is authorized <br />and directed to rely thereon. The Assignor further agrees, that imthe event the permission to use and retain the rents, income. <br />issues, deposits and profits, should be terminated or upon the accurance of a Default, to immediately turn over to Assignee, at <br />the time and in the manner requested by Assignee; all'securitg deposits or other monies deposited by Lessees of the Premises in <br />accordance with the provisions of the Leases. <br />2. Notwithstanding the provisions of paragraph 1 hereinabove, upon or at any time after a Default, as defined here - <br />inabove, the Assignee, atito option, may declare all Obligations secured kereby immediately due and payable, and may, atits <br />option, without notice, and if any such Obligations be secured by deed of gust irrespective of whether a declaration of de&u2t* <br />under said deed of trust has been delivered to Trustee thereunder, exercise all rights and remedies ccatained in said mcrtgage <br />or deed of trust and without regard for the adequacy ofsecurity for the Obligations hereby secured, either in person or by agent <br />with or without bringing any action or proceeding, or by a receiver to be appointed by a court, enter upon, aa'ce posseefom of, <br />manage and operate said Premises or any part ffikmN lti make, enforce, modify, and accept the surrander of Leases, obtain and <br />evict tenants, fix or modify rents, and do any ads which the Assignee deems proper to protect the security hereof, and eUt er <br />with or without taking possession of the Premises, in its own name, sue foror otherwise collect am—d receive all rents, issues and <br />profits, including those past due and unpaid, and apply thesame.less coat and expenses of operation and collection, including, <br />but not limited to, payments for wages and payroll taxes, compensation of managing agent and other management costs and <br />expenses, real estate taxes and assessments, water, sewer, and similar charges,. fns=ance and workmen's compensation <br />premiums, ground rents, customary real estate commission, and reasonable attornvj s fees and court costs, upon any Obliga- <br />tions secured hereby, and in such order as the Assignee may determine. The enterinz w;on and taking possession of the Prem- <br />ises, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default <br />or waive, modify, or affect notice of default Lnder said mortgage or deed of trust or invalidate any act done pursuant to ouch <br />notice. Assignor hereby releases any and all claims which it has or might have against Assignee arising out ofsuch collection, <br />management aperation and maintenau:ce, excepting the liability of Assignee to account for amounts collec iA and expended <br />by it. <br />3 The Assignee shall not be obligated to perform or discharge, nor does it hereby undertake to perform or discharge, <br />any obligation, duty or liability undm the Lease. or under or by reason of this Aseign-ment. Assignor shall and does hereby <br />agree to indemnify the Assignee against and hold it harmless from any and all lia'1:L1-' y, loss or damage which it may or might <br />incur urefhr the Lease or under or by reason of this Assignment and of and from any and all claims and demand whatsoever <br />which micyr be asserted against it by reason cf imy alleged obligation or a �Aertaking on its part to perform or in the discharge <br />cf any of the terms, covenants or agreement$ onntained in the Lease; :alomld the Assignee immr any such liability, loss or <br />damage wider the Lease or under or by reawn of this Assignment, or in tKe defense against any ei mch claims or demands, the <br />amount thereof~ including costs, expenses and reasonable a#urney's fees, together with intereatthereon at the highestrate set <br />forth in any of the Obligations secured hereby, Eitall be securrAhereby o z..d by the said mortgage or deed o: trust, and Assignor <br />shall reimburse the Assignee therefor immediately upon demalA d, and. apart the failure of Assignor so to do the Assignee may <br />declare all Obligations secured hereby immed abAy due and payable. <br />C. IT 19 FURTHER MUTUALLY AGREED THAT- <br />1. Until the Obligations secured hereby shall have been paid in full, Assignor covenants and agrees to keep leased <br />at a good and sufficient rental the Premises and upon demand to transfer and assign to the Assignee any and all subsequent <br />Leases upon all or any part of such Premises upon the same or substantially the same terms and conditions as are herein con- <br />tained, and to make, execute, and deliver to the Assignee, upon demand, any and all instruments that may be necessary ordesir- <br />able therefore, but the terms and provisions of this Assignment shall apply to any such subsequent Lease or Leases whether or <br />not so assigned and transferred. <br />I Assignor shall, upon request of Assignee, furnish it a complete list as of the date of the request of all Leases and <br />other tenancies of the Premises 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 Leases and other written agreements. correspondence, and memo - <br />rands between Assignor and Lessees and other tenants setting forth the contractual arrangements between them. Such <br />requests may be 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 rents and leases provided for herein. <br />4. Upon the payment in full of all Obligations secured hereby, as evidenced by the recording ur filing of (in inatru- <br />went of satisfaction or full release of said mortgage or deed of trust, unless there shall have been recorded another mnrlikaRe! or <br />deed of trust in favor of the Assignee covering the whole or any part of the 4eased Premises, this Assignment shall beefini r null <br />and void and of no effect. <br />7 <br />t+. <br />-. <br />F <br />N <br />