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<br />'I <br /> <br />L <br /> <br />~. <br />f <br />~ <br />~~- <br />>t <br />,); <br />J <br /> <br />tj/-~.. 107401 <br />.... <br /> <br />6, Assignor hereby covenants and warrants to the Assignee that (a) Assignor has not executed any prior ussign. <br />ment of the Lease or of its right. title and interest therein or the rentals to accrue thereunder; (b) Assignor has not performed <br />any act or executed any instrument which might prevent the Assignee from operating under any of the terms and conditions <br />hereof, or which would limit the Assignee in such operation; (c) Assignor has not accepted rent under the Lease for any period <br />subsequent to the current period for which rent has already become due and payable; (d) there is no default now existing under <br />the Lease, and (e) Assignor has not executed or granted any modification or amendment whatever of the Lease either orally or <br />in writting except as set forth in Schedule B, and that the Lease is in full force and effect. <br /> <br />B. IT IS MUTUALLY AGREED WITH RESPECT TO EACH LEASE THAT: <br /> <br />1. Assignee hereby granta permission to Assignor to collect upon, but not prior to accrual, all rents, issues, deposits <br />and profits from the said Premises and to retain, and use and enjoy the same, but reserves the right to revoke such permission <br />at any time, with or without cause, by notice in writing to Assignor by certified mail sent to the address hereinafter prescribed <br />for sending notices. In any event, such permission to Assignor shall be automaticlly revoked upon default, by Assignor in the <br />payment of any of the Obligations secured hereby or in the performance of any obligation, convenant, agreement herein, in <br />said mortgage or deed of trust, in the Lease or in any of the Obligations secured hereby, or in any securing document given in <br />connection therewith, (all of which will be referred to herein as "Default"). In the event that the Assignee should revoke such <br />permission or after the occurrence of a Default, the Assignee, may at its option, after notification to Assignor, by certified mail, <br />to the address hereinafter prescribed for sending notices, direct any or all of the tenants of the Premises to pay to Assignee, its <br />agents orits attorneys, such rents, issues, profits, revenues, deposits, rights and benefits as may now be due or shall hereinafter <br />become due, and Assignee may collect the same. The affidavit or written statement of an officer, agent, or attorney of Assignee <br />stating that there has been a Default shall constitute conclusive evidence thereof, and any tenant or other persons is authorized <br />and directed to rely thereon. The Assignor further agrees, that in the event the permission to use and retain the rents, income, <br />issues, deposits and profits, should be terminated or upon the occurance of a Default, to immediately turn over to Assignee, at <br />the time and in the mannerrequested by Assignee, all security deposits or other monies deposited by Lessees ofthe Premises in <br />accordance with the provisions of the Leases. <br /> <br />2, Notwithstanding the provisions of paragraph 1 hereinabove, upon or at any time after a Default, as defined here, <br />inabove, the Assignee, at its option, may declare all Obligations secured hereby immediately due and payable, and may, at its <br />option, without notice, and if any such Obligations be secured by deed of trust irrespective of whether a declaration of default <br />under said deed of trust has been delivered to Trustee thereunder, exercise all rights and remedies contained in said mortgage <br />or deed oftrust and withoutregard for the adequacy of security for the Obligations hereby secured, either in person or by agent <br />with or without bringing any action or proceeding, or by a receiver to be appointed by a court, enter upon, take possesion of, <br />manage and operate said Premises or any part thereof, make, enforce, modify, and accept the surrender of Leases, obtain and <br />evict tenants, fix or modify rents, and do any acts which the Assignee deems proper to protect the security hereof, and either <br />with or without taking possession ofthe Premises, in its own name, sue for or otherwise collect and receive all rents, issues and <br />profits, including those past due and unpaid, and apply the same,less cost and expenses of operation and collection, including, <br />but not limited to, payments for wages and payroll taxes, compensation of managing agent and other management costs and <br />expenses, real estate taxes and assessments, water, sewer, and similar charges, insurance and workmen's compensation <br />premiums, ground rents, customary real estate commission, and reasonable attorney's fees and court costs, upon any Obliga. <br />tions secured hereby, and in such order as the Assignee may determine. The entering upon and taking possession of the Prem. <br />ises, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default <br />or waive, modify, or affect notice of default under said mortgage or deed of trust or invalidate any act done pursuant to such <br />notice, Assignor hereby releases any and all claims which it has or might have against Assignee arising out of such collection, <br />management operation and maintenance, excepting the liability of Assignee to account for amounts collected and expended <br />by it. <br /> <br /> <br />3, The Assignee shall not be obligated to perform or discharge, nor does it hereby undertake to perform or discharge, <br />any obligation, duty or liability under the Lease, or under or by reason of this Assignment. Assignor shall and does hereby <br />agree to indemnify the Assignee against and hold it harmless from any and allliability,loss or damage which it mayor might <br />incur under the Lease or under or by reason of this Assignment and of and from any and all claims and demand whatsoever <br />which may be asserted against it by reason of any alleged obligation or undertaking on its part to perform or in the discharge <br />of any of the terms, covenants or agreements contained in the Lease; should the Assignee incur any such liability, loss or <br />damage under the Lease or under or by reason of this Assignment, or in the defense against any such claims or demands, the <br />amount thereof, including costs, expenses and reasonable attorney's fees, together with interest thereon at the highest rate set <br />forth in any ofthe Obligations secured hereby, shall be secured hereby and by the said mortgage or deed of trust, and Assignor <br />shall reimburse the Assignee therefor immediately upon demand, and upon the failure of Assignor so to do the Assignee may <br />declare all Obligations secured hereby immediately due and payable. <br /> <br />C. IT IS FURTHER MUTUALLY AGREED THAT: <br /> <br />1. Until the Obligations secured hereby shall have been paid in full, Assignor covenants and agrees to keep leased <br />at a good and sufficient rental the Premises and upon demand to transfer and assign to the Assignee any and all subsequent <br />Leases upon all or any part of such Premises upon the same or substantially the same terms and conditions as are herein con, <br />tained, and to make, execute, and deliver to the Assignee, upon demand, any and all instruments that may be necessary ordesir. <br />able therefore, but the terms and provisions of this Assignment shall apply to any such subsequent Lease or Leases whether or <br />not so assigned and transferred. <br /> <br />2, Assignor shall, upon request of Assignee, furnish it a complete list as of the date of the request of all Leases and <br />other tenancies of the Premises in such reasonable detail as may be requested by Assignee, Further, if requested Assignor <br />shall deliver to Assi,gnee executed or certified copies of all Leases and other written agreements, correspondence, ~nd memo. <br />randa between AsSignor and Lessees and other tenants setting forth the contractual arrangements between them, Such <br />requests may be made at any reasonable time, <br /> <br />I <br /> <br />g" <br />'N <br /> <br />~~ <br />..~ <br /> <br />3, The failure to list any specific Leases under Schedule B hero!to. shall not invalidate or affect in any manner the <br />general assignment of rents and leases provided for herein, . , <br /> <br />4, Upon the payment in full of all Obligations secured hereby, as evidenced by the recording or filing of an instru. <br />ment ofsutisfaction or full release of said mortgage or deed of trust, unless there shall have been recorded another mortgage or <br />deed oftrust in favor of the Assignee covering the whole or any partofthe leased Premises. this Assignment shull become null <br />and void and of no effect. <br /> <br />,.. <br />