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<br />from or out of the Mortgaged Property or any part thereof, regardless of type or source of payment, including,
<br />without limitation, common area maintenance charges, lease termination payments, purchase option payments, refunds
<br />of any type, prepayment of rent, settlement of litigation or settlement of past due rents and payments pursuant to Lease
<br />Guaranties (collectively, the "Rents").
<br />SUBJECT, HOWEVER, to the revocable license hereby granted by Lender to Assignor, but limited as
<br />hereinafter provided, to collect and receive all of the Rents.
<br />TO HAVE AND TO HOLD the same unto Lender, its successors and assigns, for such period as is indicated
<br />in paragraph 10 below.
<br />FOR THE PURPOSE OF SECURING the payment of the obligations and indebtedness of Assignor to
<br />Lender pursuant to any of the Loan Documents including any amendments, extensions, and renewals thereof and any
<br />supplemental note(s) increasing any indebtedness to Lender as well as the payment, observance, performance, and
<br />discharge of all other obligations, covenants, conditions, and warranties contained in the Loan Documents.
<br />1. Assignor represents and warrants that, as of the date hereof:
<br />(a) Assignor is the owner of fee simple title to the Mortgaged Property, has good title to the Leases
<br />and Rents hereby assigned, has the power and right to assign them, and no other person, entity, or corporation has
<br />any right, title, or interest therein;
<br />(b) Assignor has duly and timely performed all of the obligations, terms, covenants, conditions,
<br />and warranties of the Leases on Assignor' s part to be kept, observed, and performed as of the date hereof;
<br />(c) The Leases are in full force and effect and there are no existing defaults by Assignor or any
<br />tenant under any provisions of any of the same, no event has occurred which with the passage of time or giving of
<br />notice would become an event of default under any of the Leases, and no other fact or circumstance exists which
<br />would permit any tenant thereunder to withhold Rent or cancel such Lease;
<br />(d) Assignor has not sold, assigned, transferred, mortgaged, pledged, or otherwise encumbered any
<br />of the Leases or any of the Rents, whether now due or hereafter to become due, or any other right or interest therein;
<br />(e) No Rents have been collected for any period subsequent to the end of the calendar month
<br />following the month in which this Assignment is executed and payment of any of the Rents has not been anticipated,
<br />waived, released, discounted, set off or otherwise discharged or compromised except as may be provided for in such
<br />Leases; and
<br />(f) Assignor has not received any funds or deposits from any tenants except as expressly provided
<br />for in the Leases.
<br />2. Assignor covenants and agrees as follows:
<br />(a) (i) To duly and timely observe, perform, and discharge all the obligations, terms, covenants,
<br />conditions, and warranties of the Loan Documents and each Lease on the part of Assignor to be kept, observed and
<br />performed, and (ii) to give immediate written notice to Lender of any failure on the part of Assignor to do so under
<br />a Lease and of any default notice received from a tenant (together with a copy of any such default notice);
<br />ASSIGNMENT OF LEASES AND RENTS RIDER
<br />ALRR3.CST 09/27/24 Page 2 of 6
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