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<br />6. Assignor hereby covenants and warrant t4 the Assignee that (a) Assignor has not executed any prior 6
<br />assignment of the Lease or of its right, title and interest therein or the rentals to accrue thereunder; (b) Assignor has not
<br />performed any actor executed any instrument which might prevent the Assignee from operating under any of the terms and
<br />conditions heml, or which would limit the Assignee in such operation. (c)AssIgnor has not acceplid rent under Me Lease for l
<br />Any period subbsseaqquuent to the current period for which rent has already become due and peyabte; (d) there is no default now
<br />existing under�fte ease. and (e) Assignor has not executed or granted any modification or amendmentwhateverofthe lease
<br />either orally or in writing exoW as sot forth in Schedute Br and that the Lease is in full force and effect. !.
<br />B. IT IS MUTUALLY AGREED WITH RESPi=CT TO EACH LEASE THAT,
<br />1. Assignee hereby grants permission toAssignorto collect upon, but not priorto accrual, all rents, issues. its
<br />and profits from the said Premises and to retain, and use any enjoy the same, but reserves the rightto revoke such perm ion
<br />�lanytlme, wlthorwithoutcause.by notice in writingtoAssignorbycodified mail senitotheaddresshereinafter prescribed for
<br />sending notices to any event. such permission to Assignor shall be automatically revoked upon default by Assignor in the
<br />paymentofany oftRQ ©bligationssecureck hrerebyor inthe pertormanee of anyobligation, covenant agreement herein, in said
<br />mortgage or deed of trust: ire the Lt+?e nc Ire eny of the Obligations secured hereby. or in any securing document glven in
<br />connection therewith. (alE of which will be refereed to herein as "Default"). in the avant that the Assignee should revoke suoll
<br />permission oraftertheoccurrenc c�otaOefauH. theAssignee, mayetitsopton. afternodfrcationtoAssigna ,bycertifiedmall,to
<br />the address hereinafter prescrilsert for sending notices. direct any or ail of the teriai�ts of the Premises to pay to Assignee, its
<br />agents or Its attorneys, such' rerrl3, issues, profit, revenues. dde�ppoossiiL7, rights and benefilis atf ma now be due or shall
<br />hereinafter becomedue, and Asis;gnee may collect the same. Ttmsaffldavit or written statement cf an officer, agent, or attorney
<br />ofAssignee statingthatthere has been a Defaultaha11 na
<br />Is authorized and directed to nSy thereon. The Assignor further agrees, that in the eventthe permission to use and retain the
<br />rents, income, issues, depots surd profits. should be terminated or upon the occurance of a Default to immediately tun over
<br />toAssignee, atthetime and ici om manner requested byAasignee, allsecurirydepasitsorother rnonies deposited by Lessees
<br />of td.ice Premises in accordance with the provisions of the Leases.
<br />2. NotyMbstanding the provi6 ans oi` paragraph t hereinabove. upon or at any time actor a Default, as defined
<br />hereinabove, thetAsdj;ne%at fteption, ma,,c d(edare all Oib%stionssecured hereby immedlately aura and payable, and may, at
<br />its option, withool mditm and ill any such Obligations be secured by deed of trust irrespective of whether a declaration of
<br />default under said deed off to ustr r,�as been delivered to TnAt>eethereunder. exercise all rights and remedies contained in said
<br />mortgageordepdi�f �istar�l± willioutregardfortheadequacyofsecufty for the Obligations hereby secured. either inperson
<br />or by agent with ore without bringing any action or proceeding. or bV a receiver to be appointed by a court enter upon. take
<br />possession of, manage and operate sand Preemises or any paR the► .y;. make, enforce, modify, and accept the surrender of
<br />eases, obtain andevicttenarts. fixormoditycents, andd+ zanyactsarAN( ditheAssignee deems propertoprotectthesecuri s
<br />hereof, andeitherwithorwit Nizict'ftakingpQSSesaionof4fiel� set 0 ftown name, sue for or otherwise coliectandreceive
<br />altgrants, issuesandprofits ,indadr�gthasepastdueand ry�drd. anyapply thesame, riesscostandexpensesofoopetationand
<br />et�:'lection, including, but not lirrai4' to, payments for wssa:rd payroll taxe% compensation of managing agent and other
<br />management costs and expenses, real eslote taxes and assessments. water, sewer. and similar charges, insurance and
<br />worker'scompensatbn premiums,grouma 2>•tts, customaryreal esial;e- commission, and reasonable attomey'steesand court
<br />costs, upon any ObligationsseCUred hereby. and in such order astheAssignee may determine. The entering upon andtaking
<br />possession of the Premises the collection of such rent, issues and profits and the application thereof as aforesaid, shall not
<br />cure or waive any default or waive, modify, or affect notion csidefauIt under said mortgage or deed of trust or invalidate any act
<br />done pursuanttosuch notice. Assignor hereby reteasesanyand ail claims which ithasormighi have againsiAss;gnesear icing
<br />out of such collection. management operation and maintenance, excepting the liability of Assignee to account for 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 er liability cattier the Lease, ear under or by reason of this Assignment Assignor shall and does
<br />hereby agree to indemnity thems&ignee against and hold lift harmless from any and all liability, loss or damage which it may or
<br />might incur under the Lease or under or Py. reason of this Assignment and of and from any and all claims and demart
<br />whatsoever Which may be asserted against ft by reason of any allegedabligation or undertaking on Its partto perform or in Oe
<br />discharge of any off the terms. covenants, or agreements contained ice V"*Leasw, should the Assignee incur any such liabiWy.
<br />loss or damage sunder the i.aase or under or by reason of this Aas�g�ommnt or in the defense against any such claims >s:
<br />demands, the amount thereoVkicluding costs, expenses and reasonable attontey'sises, together with intwese rt►ereon at the
<br />highest rate set farth in any eMe Obligations secured hereby, shall be secured izeraf,2y and by the said monMe or deed of
<br />trust, and Assfgrari shall reimburse the AsVgnee therefor immediately upon deman(l.arid uQone- dbilure of Assignor so to do
<br />the Assignee declare all Obligations severed hereby immedlat* (&.,se and payalzte.
<br />C. 17 IS FURTHER. UUTUALLY AGREED THAT`.
<br />1. Until the Obligations secured herebyshaU Irewe been paid in full, Assignor covenantsand agrees to keep leased
<br />at a goad acrd) eAAcient rental the Premises,ard upon demand to transfer and assign to the Assigrrree any and al! subsequer!tu
<br />Leases upoit a71 or any part of such Prariws upon the same or substantially the same terms acid conditions as are herein
<br />cortatrted. and to make. execute, and def i.uer t o the Ass:gree, upon demand, any and all instrumer:What may be necessarjon .
<br />desrralsle therefor. but the terms and pray tons of fts Assignment shall apply to any such subsequent Lease or Leas
<br />wl elif er or net so assigned, a rd transferred.
<br />2. pssigmerstral.l;.uparprequesttaf assignee. furnishita complete list asol `ttte date offlie request ctall:Iea ard
<br />other tenanciesof the Pre mrims r such rewsonable detail as may. here guested by-Assignee. Guedier, if requested. AwIgnorT
<br />shall deliver to Assignee executed or certified copies of all Leases acrd alnerr written agreements. cor►esparldence: acid
<br />memoranda between Assignar and Lessees and otherte+ antasettingforihVietonlT cctualarrangementsbet !v�asrthem.Such
<br />requests may be made at any reasonable time.
<br />3. The failure to list any specific Leases under Schedule S 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 or filing of an
<br />instrument of satisfaction or full release of said mortgage or deed of trust unless there shall 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 />as*) 11 96 ?
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