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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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� � � �jq-�o ��� <br /> Leases after giving effect to any express curative provisions set forth <br /> herein or therein. <br /> (b� LOAN DOCUMENTS. <br /> A Default under this Assignment shall be a default under each and every <br /> one of the Loan Documents. <br /> (C� REMEDIES. <br /> In addition to any and all remedies contained in the other Loan <br /> Documents, in the event of a Default, Lender shall, and without regard to <br /> the adequacy of the security for the indebtedness and obligations secured <br /> by this Assignment and by the Loan Documents, either in person or by its <br /> agent, and with or without bringing any action or proceeding or obtaining <br /> a receiver appointed by a court, and without notice to or demand on <br /> Borrower, and without releasing Borrower from any obligations under this <br /> Assignment, have the following rights and remedies, each of which shall <br /> be exercisable in Lender's sole discretion: <br /> (i) to receive directly from the lessees under the Leases <br /> all rents, income, liabilities and other amounts <br /> arising or accruing under the Leases or from the <br /> Property and to so continue until Borrower is <br /> otherwise notified by Lender; and <br /> (ii) to collect, sue for, settle, compromise and give <br /> acquittances for all of the rents and other payments <br /> that may become due under the Leases and avail <br /> Lender of and pursue all remedies for the <br /> enforcement of the Leases and Borrower's rights in <br /> and under the Leases as Borrower might have <br /> pursued but for this Assignment, all at Borrower's <br /> sole cost and expense; and <br /> (iii) to take possession of the Property, and to have, <br /> hold, manage, lease and operate the same on such <br /> terms and for such period of time as Lender may <br /> deem proper and, either with or without taking <br /> possession of the Property in its own name, make, <br /> from time to time, all alterations, renovations, <br /> repairs or replacements thereto or thereof as may <br /> seem proper to Lender. <br /> Nothing set forth in this section shall be deemed to limit or otherwise alter <br /> the rights of Lender at law or in equity in the event of a Default, nor shall <br /> Lender be obligated to exercise any of its rights in this section. <br /> (d) NOTICE. <br /> Lessees under the Leases are hereby irrevocably authorized and notified by <br /> Borrower to rely upon and comply with (and shall be fully protected in so <br /> doing) any notice or demand by Lender for the payment to Lender of any <br /> rental or other sums which may be, or hereafter become, due under the <br /> Leases, or for the performance of any of such lessees' undertakings under <br /> the Leases, and such lessees shall have no right or duty to inquire as to <br /> whether any Default has actually occurred or is then existing. <br /> (e) PROCEEDS. <br /> Lender shall have the right to apply all such rents, income and profits <br /> received from the lessees under the Leases to the payment of any of the <br /> 5 I <br />
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