Laserfiche WebLink
�- - � <br /> I � <br /> � 89- 10655'7 <br /> 3a�a;�r�s, �he wm�unt �f R�C�h 13ability, loss, damage, <br /> - c�st, expense, a�d attorreeys' feee, ehall be secured by � <br /> this Assignment z�nd the Loan Doauments, and �orrower <br /> shall pa}� the same to Lender upon demand by Lender. <br /> Upon failure of 8orrower to so pay Lender, Isnder may, <br /> at Lender�a optiun, declare t�ll ewae aecured by this <br /> Assignment and the Loan Documente immediately due and <br /> payable. <br /> It is further understood that thia Asaignment aha�ll not <br /> � operate to place responsibility for the control� care, <br /> � management or repair of the Property upon Lender, nor , <br /> For the carrying out of any of the terms and conditions <br /> of the Leases; nor shall it operate to make Lender <br /> responsible or liable for any waste committed �n the <br /> Property by the lessees or any other parties, or for <br /> ; any danqerous or defective condition of the Property, <br /> er for any negligence in the management, upkeep, repair <br /> or control of the Property resulting in loss or injury " <br /> or death of any lessee, licensee, eanployee, invitee or <br /> other person. <br /> � 8. Foreclosure. <br /> � Upon issu�x��ce of deed or deeds pursuant to any judicial <br /> or non-judicial foreclosure of the Deed of Trust, all <br /> right, title and interest oP BoYrower in and to the _ <br /> ; Leases shall, by virtue of this Assignment, vest in and • <br /> ' become the absolute property of the grantee or grantees � = <br /> of such deed or deeds without any further act or ,::. :n= <br /> assignment by Borrower. Borrower hereby irrevocably �:'�r-'= <br /> , , �� - <br /> _ :_ <br /> appoin�s LenCaer, �nd iLs �i1vveaava:� ar,v'�a a.ssisj::8. 8s 2 s - . <br /> � attorney in fact, to execute all instruments of ;�i <br /> assiqnment or further assurance in favor of such -_ <br /> grantee or grantees of such deed or deeds, as may be <br /> necessary or desirable for such purpose. <br /> i = <br /> Nothing contained in this Assiqnment shall prevent _ <br /> Lender from terminating any subordinate Lease through <br /> � such foreclosure, subject te any written agreement now <br /> or hereafter made by Isnder in Lender's discretion to �� <br /> + recognize the rights of any lessee if such lessee is `'� <br /> i not in default under its I,ease. <br /> ; <br /> � 9. Loan Documents. � �� <br /> This Assignment is supplementary to, and not in ��� <br /> substitution or derogation of, any of the provisions of ' <br /> the Loan Documents. To the extent that this Assignment {� <br /> is inconsistent with the provisions of the Loan � <br /> : Documents, the Loan Documents shall control; and in '_. <br /> � particular, to the extent that �his Asaignment is � <br /> � inconsistent with the terms of the Deed of Trust, the <br /> Deed o€ Trust shall control. Lender may enforce any of <br /> the provisions of this Assiqnment prior to, <br />� � simultaneously with, or subsequent to any of the rights <br /> - or remedies under the Loan Documents. <br /> 10. Notices. <br /> All notices to be qiven under this Assignment shall be <br /> deemed served upon depvsit in the United States Postal <br /> Service certiPied mail, postaqe prepaid, addressed to - - - <br /> � the parties at the addresses appearing on page 10 of � <br /> this Assiqnmen�t. SuGh addresses may be changed by i <br /> notice given in the same manner. ` <br /> 11. � torney�s' Fees. � � <br /> If any legal action or procseding is brouqht by either <br /> LBorrawer or Lender in order to enforce or construe a <br /> provision of this Assignment, the unsuccessful party in <br /> such action or proceeding, whether such action or r� <br /> praceeding 3.� settled or prosecuted to final judgment, <br /> staall pay all of the attorneys' fees and costs incurred � <br /> .,° <br /> 7 <br /> � <br />