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99107759
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Last modified
3/13/2012 6:49:30 PM
Creation date
10/21/2005 12:15:59 AM
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DEEDS
Inst Number
99107759
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� � <br /> 9� 1�7759 <br /> discretion, or to accept the surrender of any of the Leases <br /> without the prior written consent of Lender, which may be <br /> withheld in Lender's sole discretion, and that any attempted <br /> termination, modification, or amendment of any of the <br /> Leases, or any other action which requires Lender's consent, <br /> without such consent, shall be null and void; and <br /> (d) not to collect any of the rent, income or other liabilities <br /> arising or accruing under the Leases more than one (1) <br /> month in advance of the time when the same become due; <br /> and <br /> (e) not to discount any future accruing rents or other liabilities <br /> in connection with any of the Leases; and <br /> (fl not to execute any other assignment of any of the Leases, <br /> any interest in any of the I.eases or any of the rents or <br /> payments due or to become due in connection with the <br /> Leases; and <br /> (g) to enforce, or secure the performance by the lessees of, the <br /> covenants, representations, warranties and agreements <br /> contained in the Leases, and to enforce and secure all <br /> remedies available to Borrower against the lessees, in case <br /> of default under any of the Leases by the lessees; and <br /> (h) not to alter, modify or change the terms of any guaranty of <br /> any of the Leases or cancel or terminate any such guaranty <br /> without the prior written consent of Lender, which may be <br /> withheld in Lender's sole discretion, and that any such <br /> action without such consent shall be null and void; and <br /> (i) not to consent to any termination, assignment or subletting <br /> by any lessee without the prior written consent of Lender; <br /> provided that the foregoing shall not be construed to place <br /> Borrower in default under this Assignment in the case of <br /> any termination, assignment or subletting, which, under the <br /> terms of a particular Lease, does not require the consent of <br /> the lessor; and provided further, that where the terms of the <br /> Lease require the lessor not to unreasonably withhold its <br /> consent to any such termination, assignment or subletting, <br /> Lender agrees not to unreasonably withhold Lender's <br /> consent notwithstanding anything to the contrary set forth <br /> herein; and provided further, that any such termination, <br /> assignment or subletting without Lender's consent shall be <br /> null and void; and <br /> (j) not to subordinate, or agree or consent to subordinate, any <br /> of the Leases to any deed of trust or other encumbrance <br /> without Lender's prior written consent, which may be <br /> withheld in Lender's sole discretion; and provided further, <br /> that any such subordination or agreement or consent to <br /> subordinate without such consent shall be null and void; <br /> and to deliver to Lender, from time to time, upon Lender's <br /> request, an executed counterpart of each and every Lease; <br /> and to execute and record such additional assignments, in <br /> form and substance acceptable to Lender, as Lender may <br /> request, covering any and all of the Leases, and to pay all <br /> � <br />
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