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99105970
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Last modified
3/13/2012 6:03:37 PM
Creation date
10/20/2005 11:39:48 PM
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DEEDS
Inst Number
99105970
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� 99-scs9�o <br /> obligation on the part of Lender, however, to file timely claims in <br /> such proceedings or otherwise pursue creditor's rights therein); and <br /> (b) Lender shall have the right to assign Borrower's right, title and <br /> interest under this Assignment in any of the Leases to any subsequent <br /> holder of the Note or any participating interest therein or to any <br /> person acquiring title to the Mortgaged Estate or any part thereof <br /> through foreclosure or otherwise. Any subsequent assignee shall <br /> have all the rights and powers herein provided to Lender. <br /> 6. Additional Security. Lender may take or release other security for the <br /> payment of the indebtedness secured hereby, may release any part primarily or <br /> secondarily liable therefor and may apply any other security held by it to the satisfaction <br /> of such indebtedness, without prejudice to any of its rights under this Assignment. <br /> 7. Absolute Assignment: Release. The assignment made hereby is an absolute <br /> and unconditional assignment of rights only, and not a delegation of duties. The execution <br /> and delivery hereof shall not in any way impair or diminish the obligations of Borrower <br /> under the provisions of each and every Lease nor shall any of the obligations contained in <br /> the Leases be imposed upon Lender. The assignment contained herein and all rights <br /> herein assigned to Lender shall cease and terminate as to all Leases: <br /> (a) upon the payment and satisfaction of all Secured Obligations; or <br /> (b) upon the release of the Mortgaged Estate subject to such Lease from <br /> the lien of the Mortgage covering such Mortgaged Estate pursuant to <br /> the provisions of such Mortgage. <br /> It is expressly understood that no judgment or decree that may be entered on any debt <br /> secured or intended to be secured by this Assignment shall operate to abrogate or lessen <br /> the effect of this Assignment, but that the same shall continue in full force and effect as <br /> herein provided. The provisions of this Assignment shall also remain in full force and <br /> effect during the pendency of any proceedings for the foreclosure and/or sale of the <br /> Mortgaged Estate, or any part thereof, both before and after sale, until the issuance of a <br /> deed pursuant to a decree of foreclosure and/or sale, unless all indebtedness and <br /> obligations evidenced and secured hereby are fully satisfied pursuant to paragraph (a) of <br /> this Section. <br /> In the event that this Assignment shall so terminate as to any Lease, Lender shall, upon <br /> the written request of Borrower, deliver to Borrower an instrument in recordable form <br /> releasing such Lease from this Assignment, and reassigning to Borrower the rights as to <br /> such Lease assigned hereby. <br /> 8. Effect on Rights Under Other pocuments. Nothing contained in this <br /> Assignment and no act done or omitted by Lender pursuant to the powers and rights <br /> granted it hereunder shall be deemed to be a waiver by Lender of its rights and remedies <br /> under the Loan Documents, and this Assignment is made and accepted without prejudice <br /> 5 <br />
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