89106557 - Laserfiche WebLink

Browse

. .. . . � , � I 89- 10655'7 pay all cos�s i nct�rred in connectior� with tha � prepa�ation, execution and recording ot all such r�asignments; and (k) not to exeraise any right of eleation, whether epec3Pically set forth in any o! the Leases or otherw3se, which woulc� in any way diminiah �ny ob].igation or liability of any a! the lessees or wh3ch would have the efleat ' of shortening �he atated term of any of the ' Leasea; and at Borrower'e sole coBt, to ' prosecute and defend any legal aation, arbitration or other controversy relatfng to any of the Leasea or to Borrower�s interest in any of the Lease$ and to pay al� costs and ' expenses (including without limitation, ! attorneys� fees and court costs) incurred by Lender in connection with any such action, arbitration or controversy; and (1) not to enter into any Leases after the date of this Assignment unless such Leases are in � form anci content satisfactory to Lender; and � (mj to Lease all portions of the Property which, � from time to time, a�e not subject to a Lease at rentals not less than the market rent for such Leases. � •t�; 5. Re�resentations and Warrant3es. � �— ' , � H�_r,... r r pr � ---_ �L_--_ _ - ,_ __.=-__T , r nw` � ^oo��u aia �CttictlibJ G11CtL: (a) the Existing Leases are in full force and effect and are enforceable in accordanae with ' , their terms, and that no breach or default, � ` or event which would constitute such a breach � or default after notice or the passaqe of time, or both, of any of the terms, covenants � or conditions exists with respect to any of the Existing Leases; and - j (b) no rent payment or other payment under any of � . the Existing Leases has been paid by any = lessee for more than one (1) month in =.� advance; and ;. (c) the Existing Leases constitute all the ?reases � existing with respect to the Property as of .� ° � the date of this Assignment; and �._�: (d) each of the Existinq Leases constitutes the entire agreement between the respective lessees and Borrowsr, and there are no other y • agreements, undertakings or representations, i either written or oral, with respect to the ! Property; and (e) none of the lessor�s interest under any of the leases has been transferred or assigned to any person or entity other than Lender. - - -- �_-------- � 6. �faults and Re� dies. (a) Aefinition. "Default�� shall mean a default in payment of � any of the indebtedness secured by this � � Assignment er the Loan Documents, or a � L default in the performance of any obliqation, covenant or agreement contained ir► this Assignment or any of the ' Loan Documents or � any of the �eases. � [, a 4 • �._