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99 �U93 � 4
<br /> previously assigned or pledged; (d) that no lessee
<br /> under any lease has any defense, set-off or
<br />' counterclaim against Borrower; (e) that all Rent
<br />� due to date under each Lease has been collected
<br />�
<br /> and no concession has been granted to any lessee
<br /> in the form of a waiver, release, reduction,
<br /> discount or other alteration of Rent due or to
<br /> become due, unless Lender has consented to the
<br /> �j same in writing; and (f) that the interest of the
<br /> i, lessee under each Lease is as a lessee only, with
<br />�
<br /> no options to purchase or rights of first refusal,
<br /> except as set forth therein. All the foregoing
<br /> ' warranties shall be deemed to be reaffirmed and to
<br />� continue until performance in full of the
<br /> obligations under this Assignment .
<br /> 10 . Lender shall not incur any liability for failing to
<br /> exercise any right, power or authority granted hereby, nor for
<br /> any action taken in the good faith exercise of what Lender
<br /> considers to be its reasonable business judgment pursuant to any
<br /> such right, power or authority. Lender shall have the full
<br /> right, power, and authority to enforce this Assignment, or any of
<br /> the terms, covenants, or condition hereof, at any time that
<br /> Lender shall deem proper. The provisions set forth in this
<br /> Assignment shall not be deemed exclusive of any of the remedies
<br /> granted in the Trust Deed, Security Agreement, or any of the
<br /> other documents or instruments now or hereafter evidencing,
<br /> securing, or relating to the Note, but shall be deemed an
<br /> additional remedy and shall be cumulative with the remedies
<br /> therein granted.
<br /> 11 . All notices required or permitted to be given hereunder
<br /> shall be in writing and shall be considered properly given if
<br /> mailed by first class United States mail, postage prepaid,
<br /> certified with return receipt requested, and addressed, if to
<br /> Borrower, at the mailing address set forth above for Borrower
<br /> and, if to Lender, at the mailing address set forth above for
<br /> Lender, or by delivering such in person to the intended
<br /> addressee. Notice so mailed shall be effective upon deposit in
<br /> the United States Post Office or other depository under the care
<br /> or custody of the United States Postal Service. Notice given in
<br /> any other manner shall be effective only if and when received by
<br /> the addressee. For purposes of notice, the addressee of the
<br /> '�, parties shall be as set forth above; provided, however, that any
<br /> ' party shall have the right to change such party' s address for
<br /> notice hereunder to any other location with the continental
<br /> ' United States by giving of thirty (30) days ' notice to all other
<br /> parties in the manner set forth herein above.
<br /> 12 . It is expressly understood that no judgment or decree
<br /> which may be entered on any debt secured or intended to be
<br /> secured by the Trust Deed, Security Agreement or any of the other
<br /> � documents or instruments now or hereafter evidencing, securing,
<br /> � or relating to the Note shall operate to abrogate or lessen the
<br /> effect of this instrument . Upon payment in full of the entire
<br /> indebtedness secured hereby, as evidenced by a recorded
<br /> reconveyance of the Trust Deed, this Assignment shall then be
<br /> considered void and of no further effect as said recorded
<br /> reconveyance shall automatically operate to release this
<br /> Assignment of record.
<br /> 13 . Lender shall have no liability to Borrower, or to any
<br /> other person, for any damage suffered by said Real Property or
<br /> I Personal Property unless directly caused by the willful act or
<br /> gross negligence of Lender. Lender shall have no responsibility
<br /> for the actions of any tenant or occupant of said Real Property,
<br /> whether such tenant or occupant shall be obtained by Borrower,
<br /> Lender or Lender' s agent .
<br /> 14 . The collection and application of the Rents, issues,
<br /> profits and avails of said Real Property or Personal Property, or
<br /> the exercise of any other right, power or authority hereunder by
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