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� � 107759 costs incurred in connection with the preparation, execution and recording of all such assignments; and (k) not to exercise any right of election, whether specifically set forth in any of the Leases or otherwise, which would in any way diminish any obligation or liability of any of the lessees or which would have the effect of shortening the stated term of any of the Leases; and at Borrower's "sole cost, to prosecute and defend any legal action, arbitration or other controversy relating to any of the Leases or to Borrower's interest in any of the Leases and to pay all costs and expenses (including without limitation, attorneys' fees and court costs) actually incurred by Lender in connection with any such action, arbitration or controversy; and (1) not to enter into any Leases after the date of this Assignment unless such Leases are in form and content satisfactory to Lender; and (m) to Lease all portions of the Property which, from time to time, are not subject to a Lease at rentals not less than the market rent for such Leases. 5, REPRESENTATIONS AND WARRANTIES. In order to induce Lender to make the Loan to Borrower, Borrower represents and warrants to Lender that: (a) the Existing Leases are in full force and effect and are enforceable in accordance with their respective terms, and that no breach or default, or event which would constitute such a breach or default after notice or the passage of time, or both, of any of the terms, covenants or conditions exists with respect to any of the Existing Leases; and (b) no rent payment or other payment under any of the Existing Leases has been paid by any lessee for more than one (1) month in advance; and (c) the Existing Leases constitute all the Leases existing with respect to the Property as of the date of this Assignment; and (d) each of the Existing Leases constitutes the entire agreement between the respective lessees and Borrower, and there are no other agreements, undertakings or representations, either written or oral, with respect to the Property; and (e) none of the lessor's interest under any of the Leases has been transferred or assigned to any person or entity other than Lender. (. DEFAULTS AND REMEDIES. (a) DEFINITION. "Default" shall mean a default in payment of any of the indebtedness secured by this Assignment or the Loan Documents, after giving effect to any express curative provisions set forth herein or therein or a default in the performance of any obligation, covenant or agreement of Borrower contained in this Assignment or any of the Loan Documents or any of the 4