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I 101576 88- r 6. ASHignor hl.lrehy covenants and warrantll to the Assignee thut (u) ASBignor hUH not execult~d any prior IIsBig-n- ment of the Lense or of itB right, title IInd interest therein or the rentals tOllccrue thereunder; (11) ABBiunor hus not pl!rformed uny nct or executed !lny inBtrument which might prevent the ABsiglwe fTllm operating under IIny of the term8 nnd conditi~ns hereof, or which would limit the Assigneu in Bueh operation; (c) Assignor has not ller.eptt!c1 rent under the Lcmll.! for uny period BubBequent to the current period for which rent hus already become due llnd pUYllble; (d) there is no defmllt now existing under the Lease, and (e) Assignor hUB not executed or granted any modification or umendment whatever of the Leaso eitherorully or in writting except os Bet forth in Schedule B, and thnt the Lense is in full force /lnd effed. B. IT IS MUTUALLY AGH.EED WITH RESPECT TO I';ACH LEASE THA'l': 1. Aasignee hereby grunts pl!rmission to Assignor to collect upon, but not prior to accrunl, all rents, i8sueB, deposits nnd profitB from the said PremiBell nnd to retnin, nnd uae and enjoy the same, but rCllerves the right to revoke such permission at any time, with or without cnUBe, by notice in writing to ASBignor hy certified llIail Bent to the address hereinafter prescribed for sending notices. In any event, ouch permillldon to Assignol' shull be uutomuticlly revoked upon defnult, by ASBignorin the payment of any of the Obligutions secured hercby or in the performance of uny oblil(l1tion, convenant, ngreement herein, in said mortgage or deed of trust, in the LeaBe or in nny of the Ohliglltiona sccured hereby, or in /lny securing document given in connection therewith, (all of which will be referred to herein !IS "Default"), In tho ovent that the ASllignee should revoke such permission or after the occurrence of a Default, the Assignee, may ut its option,ufter notification to Assignor, by certified mail, to the nddress hereinafter prescribed for sending notices, direct finy or nil of the tenllnta of the Premises to pay to ASBignee, its agents or its attorneys, such rents, issues, profits, revenuell, deposits, rightll nnd bcnefits I1S may now be due orshall hereinafter become due, and Assignee muy collect the samc. The affidavit or written statement of an officer, agent, or attorney of Assignee stating that there has been a Defaultshall constitute conclusive evidence thercof, nnd uny tenant or other persons is authorized and directed to rely thereon. The Assignor further agrees, that in the event the permission to u!le and retain the rents, income, issues, deposits and profits, should be terminnted or upon the occurunce of 11 Default, to immediately turn over to Assignee, at the time and in the mallnerrequested by Aasignee, all security deposits or other mOllies deposited by Lessees ofthe Premises in Ilccordance with the provisions of the Leases. 2. Notwithstanding the provisions of paragraph 1 hereinabove, upon or otnny time Ilfter u Default, as defined here- inabove. the Assignee, at itB option, may declare all Obligations secured hereby immediately due and pnyable, and may, at its option, without notice, and if any such Obligations be secured by deed of trullt irrespective of whether a declaration of default under said deed of trust has been delivered to Trustee thereunder, exercise all rights and remedies contained in said mortgage or deed oftrullt and without regard for the adequacyofBecurity for the Obligations hereby secured, either in person or by agent with or without bringing any action or proceeding, or by a receiver to he appointed by a court, enter upon, take possesion of, manage and operate said Premisell or any port thereof, make, enforce, modify, and accept the surrender of Leases, obtain and evict tenants, fix or modify rentB, and do any uctB which the Assignee deems proper to protect the security hereof, nnd either with or without taking possession ofthe PremiseB, in its own name, Bue for or otherwise collect and receive all rents, issues and profits, including those past due and unpnid, and apply the same,less cost and expenses of operation and collection, including, but not limited to, payments for wages and payroll taxes, compensation of managing agent and other manngement COStB and expenlles, real estate taxes and allBessmenw, wnter, sewer, and similar charges, insurance and workmen's compensation premiumtl, ground rents, customary real estnte commis!lion, and reasonable attorneY'fl feel! and court costs, upon any Obliga- tions secured hereby. and in such order as the ABsignee may determine. The entering upon and taking possession of the Prem- ises, the collection of such rents, issuell and profits and the application thereof as aforesaid, shall not cureor waive any default or wltive, modify, or affect notice of default under said mortgage or deed of trullt or invalidate any act done pursuant to 8uch notice. Assignor hereby releases any and all claims which it has or might have against Assignee arising out ofsuch collection, management operation and maintenance, excepting the liability of Assignee to account for amounts collected and expended by it. 3. The Assignee shall not be obligated to perform or discharge, nor doeB it hereby undertake to perform or discharge, any obligation, duty or liability under the Lease, or under or by reason of this Assignment. AB8ignor shall and does hereby agree to indemnify the Assignee against and hold it hurmless from any and all liability, loss ordamage which it mayor might incur under the Lease or under or by reason of this Assignment and of and from any and all claims and demand whatsoever which may be asserted against it by reason of any alleged obligation or undertaking on its part to perform or in the discharge of any of the terms, covenants or agreements contained in the Lease; should the Assignee incur any such liability, lOllS or damage under the Lease or under or by reason of this ABsignment, or in the defense against any such claims or demands, the amount thereof, including costs, expenses and reasonable attorney's fees, together with interest thereon at the highestrate set forth in any of the Obligations secured hereby, shall be secured hereby and by the said mortgagl! or deed of trust, and Assignor Bhall reimbur!!le the Assignee therefor immediately upon demand, and upon the failure of A8signor so to do the Assignee may declare all Obligations secured hereby immediately due and payable. c. I'f IS FURTHER MUTUALLY AGREED THAT: 1. Until the Obligations secured hereby shall have ooen paid in full, ASBignor coven ants ond agreell to keep leased at a good and sufficient rental the Premiscs and upon demand to transfer and assign to the Assignee any and all subsequent Lea8C8 upon all or any part of such Premises upon the same or substantially the sllme termllund conditiolls 118 lire herein con- tained, and to make, execute, and deliver to the Assignee, upon demand, any and all instruments thnt mllY be I1CCeS!lllry or desir- able therefore, but the terms and provisions of this Assignment shall apply to any such suhsequl!nt Lemw or L.enses whether or not so assigned and transferred. 2. Assignor shall, upon request of Assignee, furnish it a complete list us of the dnte IIf the tl''luellt of nil Leases and other tenancics of the Premises in such reasonable detail as may be requested by A!l8ignee. Further, if requested, A8silInor shall deliver to Asllignee executed or certified copies of all LeaseB and other written agreernentH, (~()rrelll)()l1deIlCC, Hnd memo- randa between Assignor and Lellsees and other tenants sctting forth the contractuul nrrullgclllentll hetween them. Such rl..'Quellts may be made at any reasonable time_ L 3. '('he failure to Iillt llny specific Leases under Schedule B hereto, shall not invlllidntl.l or uffert il1l1ny mnllner, the wmeralllllsignment of rents and leases provided for herein. . 4, Upon the payment in full of nil Ohligations secured herehy, IlS evidenced by till' rl'<,onlilllol or lilinl{ oflln instru- ment of IIntilfaction or full relenae of said mortgage or dllCd uHrust, unlesBthere Bhall hn ve h('lm rl'cllnlNI (H\lIther 111Urtgnr;:e IIr deed of trullt in f"vor of the Allsiglwe covering the whole or OilY pllrtofthe lensed Premillcll,thia Al!llil{lIllHlllt /lhllll bl'l'onw Ilull /lnd void nnd of no cffft:l.