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<br />(b) To enforce and secure the performance of each and every material obligation, term, covenant,
<br />condition, and agreement in each Lease and in any Lease Guaranty thereof on the part of the tenant or the guarantor
<br />to be kept, observed and performed;
<br />(c) To appear in and defend any action or proceeding arising under or in any manner connected with
<br />any Leases and any Lease Guaranty, and upon request by Lender, to do so in the name and on behalf of Lender but
<br />at the expense of Assignor, and to pay all reasonable costs and expenses of Lender including reasonable attorneys'
<br />fees, incurred with respect to any such action or proceeding; and
<br />(d) To deliver to Lender at its request executed copies of any and all Leases and Lease Guaranties,
<br />and
<br />(e) To notify Lender in writing within ten (10) days of (i) Assignor learning of a tenant's
<br />anticipatory vacation of the leased premises or breach of its Lease and (ii) a tenant' s actual vacation of the leased
<br />premises.
<br />3. Assignor further covenants and agrees, except with Lender's prior written consent in each instance:
<br />(a) Not to receive or collect any Rents for a period of more than one month in advance (whether
<br />in cash or by promissory note);
<br />(b) Not to further sell, pledge, transfer, mortgage or otherwise encumber or assign any Lease or
<br />any Rents or any other right or interest granted therein;
<br />(c) Not to waive, excuse, condone, discount, set off, compromise, or in any manner release or
<br />discharge any material obligation of any tenant or lease guarantor of and from any obligations, covenants, conditions
<br />or agreements by that tenant or lease guarantor to be kept, observed and performed, including without limitation the
<br />obligation of that tenant to pay Rents in the manner and at the place and time specified in its Lease, other than in the
<br />ordinary course of business; and
<br />(d) Except as permitted by the Loan Agreement, not to materially amend or modify and not to
<br />cancel, terminate or consent to any surrender of any Lease or any Lease Guaranty other than in accordance with the
<br />terms thereof.
<br />4. The falsity in any certification, representation, or warranty of Assignor in this Assignment or the
<br />default by Assignor in the observance or performance of any obligation, term, covenant, condition, or warranty herein
<br />subject to any applicable notice and cure provisions in the Loan Agreement, at Lender' s option, shall constitute an
<br />Event of Default hereunder and under the Loan Documents.
<br />5. This Assignment is a present and absolute assignment by Assignor to Lender of the Leases, Rents and
<br />Lease Guaranties and not an assignment for addition security only. Provided Assignor is not in default hereunder or
<br />under any of the other Loan Documents beyond any applicable notice and cure period, Assignor shall have the right
<br />under a license granted hereby to collect, but not more than one month in advance, the Rents payable under the
<br />Leases. Assignor shall receive and hold such Rents, as well as the rights and license to receive such Rents, in trust
<br />and as a trust fund, for the benefit of Lender, to be applied, and Assignor hereby covenants and agrees that such Rents
<br />shall be so applied, first to the payment of real estate taxes and other lienable assessments, then to the cost of
<br />insurance and maintenance and repairs or other ordinary and customary expenses directly attributable to the operation
<br />of the Mortgaged Property, then to the satisfaction of Assignor's obligations under the Leases, and then to the
<br />payment of interest and principal and other sums becoming due under the Note, the Mortgage, or other Loan
<br />Documents before using any part of the Rents for any other purpose.
<br />ASSIGNMENT OF LEASES AND RENTS RIDER :. DocMagic
<br />ALRR3.CST 09/27/24 Page 3 of 6
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