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(b) Payment of all other sums with interest thereon becoming due and payable <br />to American Family as a result of this Assignment, or pursuant to any other Loan Documents. <br />All payments required under the Loan Documents shall be included as Indebtedness secured <br />hereby. <br />(c) Performance and discharge of each and every obligation, covenant and <br />agreement of Borrower under the Loan Documents. <br />BORROWER FURTHER COVENANTS, AGREES AND ASSIGNS AS <br />FOLLOWS: <br />1. Performance of Leases. (a) To faithfully abide by, perform and discharge <br />each and every obligation, covenant and agreement of any Lease by Borrower, as landlord, to <br />be performed; (b) to use its best efforts to enforce or secure the performance of each and every <br />obligation, covenant, condition and agreement of any Lease to be performed by any Tenant; (c) <br />not to surrender, cancel, amend, modify, extend, renew, terminate, accept a surrender of, or in <br />any way alter the terms of any Lease without the prior written consent of American Family, <br />unless expressly permitted by the Trust. Deed; (d) not to borrow against, pledge, or assign any <br />rentals due under any Lease, nor consent to a subordination or assignment of the interest of any <br />Tenant thereunder to any party other than American Family; (e) not to anticipate the rents <br />thereunder for more than one (1) month in advance or reduce the amount of the rents and other <br />payments thereunder; (f) not to waive, excuse, condone or in any manner release or discharge any <br />Tenant under a Lease of or from their obligations, covenants, conditions and agreements to be <br />performed by such Tenant under a Lease without first securing the prior written consent of <br />American Family; (g) not to enter into any additional or renewal Lease of all or any part of the <br />Premises except in conformity with the terms of the Trust Deed. <br />In the event any Tenant under a Lease seeks for any reason to buy out or <br />financially satisfy its Lease in whole or in part prior to normal expiration of the Lease, and <br />obtains permission from Borrower and American Family to do so, all such proceeds shall, at the <br />option of American Family, be applied in conformity with the terms of the Trust Deed. <br />2. Protection of Security. Borrower, at its sole cost and expense, agrees to <br />appear in and defend any action or proceeding arising under, growing out of or in any manner <br />connected or otherwise associated with any Lease or the obligations, duties or liabilities of <br />Borrower thereunder, and to pay all costs and expenses of American Family, including attorneys' <br />and paralegals' fees and costs, in any such actions or proceedings in which American Family in <br />its sole discretion may appear. <br />3. Present Assignment. This Assignment shall constitute a perfected, present <br />assignment, provided that Borrower shall have the right to collect, but not prior to accrual, all <br />of the Rents and to retain, use and enjoy the same unless and until an Event of Default shall <br />occur under any Loan Document and any applicable opportunity to cure under the Trust Deed <br />2 <br />