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99 �U93 � � <br /> rely upon any notice of default received from any <br /> tenant and may act thereon as herein provided even <br /> though the existence of such default or the nature <br /> thereof may be questioned or denied by Borrower, <br /> and such notice of default shall be conclusive <br /> evidence that a default exists for the purpose of <br /> this paragraph. Lender may enter upon the Real <br /> Property as often as Lender deems necessary or <br /> desirable in order to prevent or cure any default <br /> by Borrower. Lender may expend such sums as <br /> Lender deems necessary or desirable for any such <br /> purpose and Borrower hereby agrees to pay to <br /> Lender upon demand all sums so expended by Lender, <br /> together with interest from the date of such <br /> expenditure at the Default Rate of interest set <br /> forth in the Note. All sums so expended by <br /> Lender, and interest thereon, shall be added to <br /> and secured by the lien of this instrument . <br /> c . Borrower will not cancel any of the Leases or <br /> accept a surrender thereof . <br /> d. Borrower will not modify or otherwise amend any of <br /> the Leases, either orally or in writing. <br /> e . Borrower will not consent to an assignment or <br /> sublease of any tenant ' s interest in the leases <br /> which will relieve the tenant of liability for the <br /> payment of rent and/or the performance of the <br /> terms and conditions of the Leases, and/or will <br /> violate any of the exclusive or restrictive <br /> covenants contained in any other lease assigned to <br /> Lender as additional security for the Note. <br /> f . Borrower will not permit the payment of Rents in <br /> any medium other than lawful money of the United <br /> States; permit the payment of Rents more than <br /> thirty (30) days in advance of the due date <br /> thereof or, discount, compromise, forgive, <br /> encumber, or assign the Rents or any part thereof <br /> or any of the Leases or any interest therein. <br /> g. Borrower covenants and warrants to Lender that it <br /> has not executed any prior assignment of the <br /> Leases or Rents nor has the Borrower performed any <br /> acts or executed any other instrument which might <br /> prevent Lender from operating under any of the <br /> terms and conditions of this Assignment or which <br /> would limit Lender in such operation; and Borrower <br /> further covenants and warrants to Lender that it <br /> has not executed or granted any modification <br /> whatsoever of any of the Leases, whether orally or <br /> in writing except as specifically disclosed to <br /> Lender in writing prior to this Assignment, and <br /> that said Leases are in full force and effect <br /> according to their original terms, and that there <br /> are no defaults now existing under said Leases nor <br /> is there any state of facts which, with the giving <br /> of notice or the passage of time, would constitute <br /> a default under any of the Leases . <br /> h. The undersigned waives any right of set-off <br /> against any person in possession. The undersigned <br /> agrees that it will not assign any of the rents or <br /> profits, without the Lender' s written consent . <br /> i . Borrower warrants and will warrant as to each <br /> Lease now or hereafter covering all or any part of <br /> the Property: (a) that each Lease is in full <br /> force and effect; (b) that no default exists on <br /> the part of the lessee thereunder or Borrower; (c) <br /> that no Lease or any interest therein has been <br /> 5 <br /> i <br />