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9 � � � 9 � � � <br /> (d) all guaranty agreements now or hereafter <br /> executed, pertaining to (b) or (c) above; <br /> (e) all of Borrower' s right, title and interest <br /> in and to all claims and rights to the payment of money <br /> at any time arising in connection with any rejection or <br /> breach of any of the Leases by any lessee thereunder or <br /> trustee of any such lessee under Section 365 of the <br /> Bankruptcy Code, including, without limitation, all <br /> rights to recover damages arising out of such breach or <br /> rejection, all rights to charges payable by such lessee <br /> or trustee in respect of the leased premises following <br /> the entry of an order for relief under the Bankruptcy <br /> Code in respect of such lessee and all rentals and <br /> other charges outstanding under the lease as of the <br /> date of entry of such order for relief . <br /> (f) any award payable by reason of condemnation <br /> actions under the right of eminent domain; <br /> (g) any purchase proceeds receivable by reason of <br /> any tenant ' s exercise and any first refusal option or <br /> any option to purchase any portion of the Real Property <br /> as may be provided in the above-referenced Leases; <br /> (h) any award made hereafter to Lender in any <br /> court proceedings involving any tenant under any of the <br /> Leases of any court, and any and all payments made by <br /> said tenant in lieu of Rents; and Borrower hereby <br /> appoints Lender as Borrower' s irrevocable attorney-in- <br /> fact to appear in any action and/or to collect any such <br /> award or payment . <br /> 2 . The term "Event of Default" as used herein shall mean <br /> the occurrence of any one of the following events or conditions : <br /> a. Borrower shall fail to comply with any of the <br /> covenants, duties, or obligations of Borrower set <br /> forth herein; or <br /> b. A default shall occur under the Note, the Trust <br /> Deed, Security Agreement, or any other documents � <br /> or instruments now or hereafter evidencing, <br /> securing, or relating to the Note; or <br /> c. Any representation, warranty, or statement of <br /> Borrower contained herein or otherwise made or <br /> furnished to by or on behalf of Borrower proves to <br /> have been false in any material respect when made <br /> or furnished. <br /> 3 . Until an Event of Default shall occur, Borrower shall <br /> receive, collect, and enjoy the Rents accruing under the Leases <br /> and shall apply the same first to the payment of all sums due <br /> under the Note or any instrument securing the same, second to the <br /> payment of all taxes and assessments affecting Real or Personal <br /> Property, third to the cost of insuring, maintaining, repairing, <br /> and preserving the Real Property, and fourth to the satisfaction <br /> of all obligations of Borrower under the Leases . <br /> 4 . Upon the occurrence of any Event of Default, all Rents <br /> assigned hereunder shall be paid directly to Lender and Lender <br /> may notify the tenants under the Leases or any other parties in <br /> possession of the Real or Personal Property to pay all the Rents <br /> directly to Lender at the mailing address specified for Lender <br /> above, for which this Assignment shall be sufficient notice and <br /> authority. Borrower irrevocably consents and hereby specifically <br /> authorizes and instructs that each and every one of the tenants <br /> under the Leases, upon demand and notice from Lender of Lender' s <br /> default herein, shall pay the Rents to Lender without liability <br /> to any tenant for the determination of the action existence of <br /> any default claimed by Lender. If a tenant requests proof an <br /> 2 <br /> �__� <br />