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202106930
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Last modified
8/13/2021 11:49:41 AM
Creation date
8/13/2021 11:43:22 AM
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DEEDS
Inst Number
202106930
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202106930 <br />The Assignor, in the evet of default in the performance of any of the terms and conditions of said Note, hereby <br />authorizes the Assignee, at its option, to enter and take possession of the mortgaged premises and to manage and <br />operate the same, to collect all or any rents accruing therefrom and said leases, to let or re let said premises or any <br />part thereof, to cancel and to modify leases, evict tenants, bring or defend any suits in connection with the <br />possession of said premises in its own name or Assignor's name, make repairs as Assignee deems appropriate, and <br />perform such other acts in connection with the management and operation of said premises as the Assignee, in its <br />discretion, may deem property. <br />The receipt by the Assignee of any rents, issues or profits pursuing to this instrument after the institution of <br />foreclosure proceeding or under said note shall not cure such default nor affect such proceeding or any sale pursuant <br />thereto. <br />Assignee shall not be obligated to perform or discharge any obligation or duty to be performed or discharged by <br />Assignor under any of said leases, and the Assignor hereby agrees to indemnify the Assignee for, and to save it <br />harmless from, any kind and all liability arising from any of said leases or from this assignment, and this assignment <br />shall not place responsibility for the control, care, management or repair of said premises upon the Assignor nor <br />make the assignee responsible for liable for any negligence in the management, operation , upkeep, repair or control <br />of said premises resulting in loss or injury or death to any tenant, licensee, employee or stranger. <br />The Assignor covenants and represents that said Assignor has full right and title to assign said leases and the rents, <br />income and profits due or to becoming due thereunder, that the terms of said leases have not been changed from the <br />terms in the copies of said leases submitted to the Assignee for approval, that no other assignment of interest therein <br />has been made, that there are no existing defaults under the provisions thereof, and that said Assignor will not <br />hereafter cancel, surrender or terminate any of said leases, exercise any option which might lead to such termination <br />or change, alter or modify them or consent to the release of any party liable thereunder or to the assignment of the <br />leasees' interest in them without the prior written consent of the Assignee. <br />Assignor hereby authorizes the Assignee to give notice in writing of this assignment at any time to any tenant under <br />any said leases. <br />Violation of any of the covenants, representations and provisions contained herein by the Assignor shall be deemed <br />a default under the term of said Note. <br />Default by Assignor under any of the terms or the leases assigned herein shall be deemed a default under the terms <br />of said Note. Any expenditures made by the Assignee in curing such a default on the Assignor's behalf, with interest <br />thereon at the highest rate for which it is now lawful to contract, shall become part of the debt secured by these <br />presents. <br />The full performance of said mortgage and the duly recoded release or satisfaction of said mortgage shall render this <br />assignment void. <br />The net proceeds collected by the Assignee under the terms of this instrument shall be applied in reduction of the <br />entire indebtedness from time to time outstanding and secured by said Note. <br />The Assignment applies to and binds all parties hereto and their respective heirs, administrators, executors, <br />successors and assigns, as well as any subsequent owner of the real estate described here and any assignees of the <br />note referred to herein. Notwithstanding any provision herein to the contrary, this Assignment of Rents and Leases <br />is intended to be an absolute assignment from Assignor to Assignee and not merely the passing of a security interest. <br />The rents and leases are hereby assigned absolutely by Assignor to Assignee, contingent only upon the occurrence <br />of a default. <br />
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