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200600863
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Last modified
2/1/2006 9:44:38 AM
Creation date
2/1/2006 9:44:37 AM
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DEEDS
Inst Number
200600863
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<br />"Assigned Property"): <br /> <br />200600863 <br /> <br />(a) L~<ls"~sanQDther Agreements. All existing and future leases and all other <br />agreements, whether or not in writing, affecting the use, enjoyment or occupancy of the Property or <br />any portion thereof now or hereafter made, whether before or after the filing by or against Borrower <br />of any petition for relief under 11 U.S.C.101 et seq., as the same may be amended from time to time <br />(the "Bankruptcy Code") together with any extension, renewal or replacement of the same <br />(collectively the "Leases"); this Assignment of all such other present and future leases and present <br />and future agreements being effective without further or supplemental assignment. <br /> <br />(b) Rents. All rents, additional rents, revenues, income, issues and profits <br />(including all oil and gas or other mineral royalties and bonuses), deposits, accounts and other <br />benefits arising from the Leases and renewals and replacements thereof or otherwise from the use, <br />enjoyment and occupancy of the Property and any cash or security deposited in connection therewith, <br />whether paid or accruing before or after the filing by or against Borrower of any petition for relief <br />under the Bankruptcy Code (collectively, the "Rents"). <br /> <br />(c) Bankruptcy Claims. All claims and rights (the "Bankruptcy Claims") to the <br />payment of damages and other claims arising from any rejection by a lessee of any Lease under the <br />Bankruptcy Code. <br /> <br />(d) L~ase Guaranties. All claims and rights under any and all lease guaranties, <br />letters of credit and any other credit support given to Borrower by any guarantor in connection with <br />any of the Leases (individually, a ?Lease Guarantor,? and collectively, the "Lease Guarantors"). <br /> <br />(e) Proceeds. All proceeds from any sale or other disposition of the Leases, the <br />Rents, the Lease Guaranties and the Bankruptcy Claims. <br /> <br />(f) Other Rights. All rights, powers, privileges, options and other benefits of <br />Borrower as lessor under the Leases and beneficiary under the Lease Guaranties, including without <br />limitation the immediate and continuing right to make claim for, receive, collect and apply all Rents <br />payable or receivable under the Leases and all sums payable under the Lease Guaranties or pursuant <br />thereto (and to apply the same to the payment of the Debt or the Other Obligations), and to do all <br />other things which Borrower or any lessor is or may become entitled to do under the Leases or the <br />Lease Guaranties. <br /> <br />(g) Entry. The right, at Lender's option, upon revocation of the license granted <br />herein, to enter upon the Property in person, by agent or by court-appointed receiver, to collect the <br />Rents and enforce the Leases. <br /> <br />(h) POW_~L9f Attorney. Borrower's irrevocable power of attorney, coupled with <br />an interest, to take any and all of the actions set forth in Section 3.1 of this Assignment and any or all <br />other actions designated by Lender for the proper management and preservation of the Property. <br /> <br />(i) Other Rights and Agreements. Any and all other rights of Borrower in and to <br />the items set forth in subsections (a) through (h) above, and all amendments, modifications, <br />replacements, renewals, extensions, supplements, restatements and substitutions thereof. <br /> <br />Section 1.2. TERMINATION Of_ASSIGNMENT. Upon payment in full of the Debt and the <br />delivery and recording of a satisfaction or discharge of the Security Instrument duly executed by <br />Lender, this Assignment shall become null and void and shall be of no further force and effect. <br />
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