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202204846
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Last modified
6/30/2022 4:29:16 PM
Creation date
6/30/2022 4:29:15 PM
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DEEDS
Inst Number
202204846
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202204846 <br />such subsequent Leases shall be subject to the prior written approval of Assignee, which <br />approval shall not be unreasonably withheld, in accordance with the provisions of the <br />Deed of Trust. <br />III. No Modification of the Leases. Without the prior written consent of Assignee, which <br />consent shall not be unreasonably withheld, Assignor shall not <br />A. Cancel, terminate or accept any surrender of the Leases; <br />B. Accept any prepayments for more than thirty (30) days of installments of rent under <br />any of the Leases; <br />C. Cancel, terminate or accept any surrender of the Leases; <br />D. Accept any prepayments for more than thirty (30) days of installments of rent under <br />any of the Leases; <br />E. Modify or abridge any of the terms, covenants and conditions of any of the Leases so <br />as to reduce the terms thereof or the rental payments thereunder; or <br />F. Change any renewal privileges contained in any of the Leases. <br />IV. Representations and Warranties. Assignor represents and warrants that <br />A. Assignor has not previously sold, assigned, transferred, mortgaged or pledged the <br />Leases or the Rents, whether now due or hereafter to become due; EXCEPT an <br />assignment to INTRUST Bank, N.A., the first Deed of Trust lender, which <br />Assignee hereby acknowledges; <br />B. The rents now due or to become due for any periods subsequent to the date hereof <br />have not been collected and payment thereof has not been anticipated for a period of <br />more than one (1) month in advance, waived or released, discounted, set off or <br />otherwise discharged or compromised except as set forth in the Leases; <br />C. It has not received any funds or deposits from any tenant for which credit has not <br />already been made on account of accrued income other than the security deposits <br />provided for in the Leases; <br />D. It has not received any bona fide and acceptable offer to purchase the Premises or <br />any part thereof which would in any way affect any right or option of first refusal to <br />purchase all or any portion of the Premises now contained in any Lease; and <br />E. It has not done anything which might prevent Assignee from or limit Assignee in <br />operating under or enforcing any of the provisions hereof. <br />Assignor shall act in good faith to enforce or secure the performance of each and every obligation, <br />covenant, condition and agreement to be performed by any tenants under all the Leases. <br />V. Remedies upon Default. Immediately upon the occurrence of an Event of Default <br />under the Deed of Trust, and the expiration of any applicable cure period, Assignee is <br />hereby expressly and irrevocably authorized to enter and take possession of the Premises <br />by actual physical possession, or by written notice served personally upon, or sent by <br />registered or certified mail, postage prepaid, to Assignor, as Assignee may elect, and no <br />further authorization shall be required. Following any such entry and taking of <br />possession, Assignee may: <br />
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