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200109056 2. 10 Year 2000 Review. The Borrower and its subsidiaries have reviewed the areas within their business and operations which could be adversely affected by, and have developed a program to address on a timely basis, the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower and its subsidiaries may be unable to recognize and perform properly date - sensitive functions involving certain dates prior to and any date on or after December 31, 1999), and have made related appropriate inquiry of material suppliers and vendors. Based on such review and program, the Borrower believes that the "Year 2000 Problem" will not have a material adverse effect on the Borrower. From time to time, at the request of the Bank, the Borrower and its subsidiaries shall provide to the Bank such updated information or documentation as is requested regarding the status of their efforts to address the Year 2000 problem. SECTION 3. ASSIGNMENT OF LEASES, RENTS AND OTHER INCOME. 3.01 Assignment. Grantor irrevocably assigns to Grantee the rents, income, issues and profits of the Property for the purposes and upon the terms and conditions set forth below. This assignment shall not impose upon the Grantee any duty to produce rents from the Property or cause Grantee to be (a) "Mortgagee -in- Possession" for any purpose; (b) responsible for performing any of the obligations of the lessor under any lease; or (c) responsible for any waste committed with respect to the management, upkeep, repair or control of the Property. This is an absolute assignment, not an assignment for security only, and the Grantee's right to rents, issues and profits is not contingent upon, and may be exercised without, possession of the Property. No collection by Grantor or the Grantee of rents or other items pursuant to this Section 3 or otherwise shall cure or waive any default by Grantor. 3.02 License. The Grantee confers upon Grantor a license (the "License ") to collect and retain the rents, income, issues and profits of the Property as they become due and payable, until the occurrence of an "Event of Default" as hereinafter defined. Upon an Event of Default, the License shall be automatically revoked and the Grantee may collect and retain the rents, issues, income and profits without notice and without taking possession of the Property. This right to collect rents, issues, income and profits shall not grant to the Grantee or the Trustee the right to possession, except as provided below. Neither such right nor termination of the License shall impose upon the Grantee or the Trustee the duty to produce rents, issues, income or profits or to maintain all or any part of the Property. 3.03 Advance Rents; Consent of Grantee. Grantor will not cancel any of the leases now or hereafter assigned to Grantee pursuant hereto, nor terminate or accept a surrender thereof or reduce the payment of rent thereunder or accept any prepayment of rent (except any amount which may be required to be prepaid for a period of not more than one month by the terms of any such lease) except in the ordinary course of business. No such lease shall be allowed by Grantor to be merged into the fee simple estate of Grantor. Grantor will perform all of its obligations as lessor under all of the leases. 3.04 Application of Rents. The Grantee, in its sole discretion, may apply or require the application of any rents, issues, income or profits collected to the payment of any one or more of the Obligations in such order as the Grantee may elect. 3.05 Security Interest in Rents. Notwithstanding any other provision of this Section 4, to secure the Obligations, Grantor by this assignment grants to Grantee a security interest in any and all present, future or after arising rights to income, rents, proceeds, issues, profits, royalties, or any other 9