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<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-'=
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<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.
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<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 �
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