Laserfiche WebLink
— r <br />1 <br />89- -10552 5 <br />& Assignor hereby covenants and warrants to the Assignee that (a) Assignor ham not executed any prior assign- <br />ment of the Lease or of its right, title and interest thiendn or the rentals to accrue thereunder, (b) Assignor has not performed <br />any act or executed any instramenf. which might prevent the Assignee from operating under any of the terms and conditions <br />hereof or which would limit the Anigneein nch operation; (e) Assignor has not accepted rent under the Lease for any period <br />artbasquenttothecurre ntperiodforwhichrentImalreadybecome due and payable; (d) there innodefault�► xi. guider <br />t�TeTltrist� tor— " ActexwufsdoegranlWanymodifcaooiamea� teveroftheypeasedtherorallyor <br />in writting except as set forth in Schedule B. and that the Lease is in full force and effect. <br />B. IT IB 1tUTUALLY AGREED WITH RESPECT TO EACH LEASE THAT: <br />L Assignee hereby grants permission to Assignor.to eollectupon. butnot prior to accrual, all rents, issues, deposits <br />and profits from the said Premises and toretain, and use st Apinjoy the same, but reserves the rightt o revokesueh permission <br />at any time, with or without cause; bT�wtice in wrtwting to Aiftaorby certified mail senttothe addrrss hereinafterpreeedbed <br />foreandins notices. In any event, sitkh 1"mm" makes 'ahall be oiiWmaticliyy revoked upon default, by Aspimur;"rktkrr <br />hsiyrnenC oflating of the Q?ali$ations � ���sr i�'t'se tiaez!'orntsruw a$arry ahIihation. convenant, wgrerorr�li- i�.�f� <br />r <br />in army <br />atthel <br />tto else addreve haduaftiti "bed for sea y t - _ sending o* + rfu' tt�ttertaata�o£ thti�oiisti +�,itope(ytaAsaiigstCirf3it' <br />Wentsoritsattaneysw� ,issuea,prnfita,*x enues, deposits, righMandbenefiiteas may rraiw °h6dueorshallheieirierl r <br />bsounseduo. andAaaigne> emsyeolledtinsame. Theafidavitorwrittenxtatsmentofano lficer,agent,erattorneyofAssipm <br />stating that thershambeenaDefaultshaalloonstftate conclusive evidencethereoty and any tenant orotherpersonsis autltarbad <br />and directed to rely thereon. The Asaignrr further agrees, that in the event the permission to use and retain the rents, income, <br />imam. deposit* and profits, should be terminated or upon the occodance of s. Default. to immediately turn over to Assignee, at <br />the time and in the mannerrequesteedbyAssignee, allsecurity deposits or other moniesdeposited by Lesseesofthe Premises in <br />accordance with the provisions of the Imam. <br />2. Notwithstanding the pw"ions of paragraph I hereinabove. upon or at anytime after a Default," defined hwe- <br />inabove, the Assignee, at its option. may declare all Obligations secured hereby immediately due and payable, and may. atits <br />option, without notice, and if any such Obligations be 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 in said mortgage <br />or deed of trust and without regard for theadequacy efsecurity for the Obligations hereby secured, either in person or by agent <br />with or without bringing any actions or proceeding, or by a receiver to be appointed by a court, enter upon. take posseeion of, <br />manage and operate said Premises or any part thereof, make, enforcre,:modify, and accept the surrender of Lessm, obtain-and <br />evict tenants, fix or modify rents, and do any acts which the Assignoedeems proper to protect the security hereof, and a ither <br />with or without taking possession of the Premises, in its own name, sueier or otherwise collettand receive all rents, issues and <br />pmfrts, inciudingthose past due and ursyaid, and apply the same. Ins cost and expensesofaperation 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 asimesxaents, water, sewer. and similar charges, insuranoe and workmeWe compensation <br />premiums, ground rents, customary real state commission, and reasonable attorney's fees and court cats, upon any Obliga- <br />tions secured hereby, and, in such order as the Assignee may determine. The entering upon and taking possession of the Prem- <br />ises, the collection ofaachsents, immes and profits and the application dureafas aforesaid, shallm o+tcareorwaiveanydefaWt <br />or waive, modify, or affatt-notice of default undir said mortgage or deed,Itrust or invalidate any act done pursuant to each <br />notice. Assignor hereby releases any and ail ci%ms which it has or might have against! Assignee arising out ofeuch collection, <br />management operation and main`w..awnoe, eacoeVing the liability of Assignee to am —,ant for amounts collected and expended <br />by it. <br />3.. TlbeAssignee#hallnotbe obligated to perform ordischarcip,, n 5r does it hereby undertake to performordiscftmV. <br />any oblig wt, duty or liability under the Lease, or under m by reason fof t kin. Assignment. Assignor sham and does hereby <br />agree toi lnnify the Assignee against and hold it harmless► from any d.r.,L aA liability, loss or damage which it may or might <br />incur un&-rt the Lease or under or by m-arson of this Assignment and Pf wive from any and all claims and demand whatsoever <br />which may be asserted against it by reason of any alleged obligation car in, dertaking on its part to perform or in the discharge <br />of any of the terms, covenants or agreements contained in the Leans; olould the Assignee incur any such liability, low or <br />damage under the Lease or under or by raison of this Assignment, or in the defense against any such claims or demands, the <br />amountthereof, includingeosts. expenaesand reasonable attorney's fees, together with intereatthereon atthe highestrateset <br />forth in any of the Obligations secured hereby. shall be secured hereby and by thesaid mortgage or deed of trust, and Assignor <br />shall reimburse the Assignee therefor itmmediateely upon demand, and upon the failure of Assignor so to do the Assignee may <br />declare all Obligations secured hereby immediately due and payable. <br />C. IT IS FURTHER MUTUALLY AGREED THAT: <br />I. 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 ftenr ias and upon demand to transfer and assign to the Assignee any and all subsequent <br />Leave upon all or any part of ouch Promises upon the same or substantially the same terms and conditions as are herein con- <br />tamed. and to make, execute. and deliver to the Assignee, upon demand, any and all instruments that may be necessary ordeeir- <br />able therefore. but the terms and provisions of this Assignmentshall apply to anysuch subsequent Lease or Leases whetheror <br />not so assigned and transferred. <br />2. Assignor shall, upon request of Assignee, furnish it a conrlatexe list "of the date aft:he requeat of all I.easetiand <br />WW is wNwies of the Premises in such reasonable detail as may be ri yawted by Assignee. Farther, if rerluested. Assi -smr <br />shall dW4%w to Assigtlee executed or certified copies of all Leases and other writtiev agreements, edrrespand(ou:e, and cs,emo- <br />rands between Aagiemw and Uwaaes and other tenants setting forge' tie ear!rraetual arrengemente botwmn titer:, t :ch <br />requests may be mn4r,att. any reasonable time.: <br />?, The fatltare to list any, .egr_sii:•4 ).eases under Schedule $ hereto, shall naq invalidate or affect in any mane er, the <br />General ctrl iMment of rents and Ieasew prc, ;ded for herein. <br />4. tlpon the payment in full of all OCigations secured he"by, as evidenced by the recording or filing of an inntru- <br />rtent of satisfaction or full release of said mortgage ordeed of trust, utlw there shall have beenrecorded anothermortgageor <br />Bleed of trust in favor of the Assignee coveri rig the whole or any partof the leased Premises, this Assignment mhall become null <br />and void and of no effect. <br />R <br />I <br />