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88102044
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88102044
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Last modified
3/9/2007 5:41:14 PM
Creation date
3/9/2007 4:33:35 AM
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DEEDS
Inst Number
88102044
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<br />I <br /> <br />88-102044 <br /> <br />any obligation or responsibility for any security deposits or <br />other deposits delivered to Assignor by any Lessee and not <br />assigned and delivered to Assignee, nor shall Assignee be <br />liable in any way for any injury or damage to persons or <br />property sustained by any person, firm or corporation in or <br />about the Property. <br /> <br />6.3 No Waiver or Election of Remedies. <br /> <br />( a) Waiver. Nei ther the co llection of the Rents and <br />application as provided for in this Assignment nor the entry <br />upon and taking possession of the Property by Assignee shall be <br />deemed to cure or waive any Default or Event of Default or <br />waive, modify or affect any notice of default under any Loan <br />Document or invalidate any act done pursuant to any such <br />notice. The enforcement of any such right or remedy by <br />Assignee, once exercised, shall continue for so long as <br />Assignee shall elect, notwithstanding that the collection and <br />application of the Rents may have cured the original Event of <br />Default. If Assignee shall thereafter elect to discontinue the <br />exercise of any such right or remedy, the same or any other <br />right or remedy hereunder may be reasserted at any time and <br />from time to time following any subsequent Event of Default. <br /> <br />(b) Election of Remedies. Nothing herein contained <br />nor anything done or omitted to be done by Assignee pursuant to <br />this Assignment shall be deemed to be an election of remedies <br />or a waiver by Assignee of any of its rights and remedies under <br />any other Loan Document or under the law. The right of <br />Assignee to collect and enforce the payment of the Indebtedness <br />and performance of the Obligations and to enforce any security <br />therefor may be exercised by the Assignee either prior to or <br />simultaneously with or subsequent to any action taken hereunder. <br /> <br />ARTICLE 7 <br /> <br />POWER OF ATTORNEY AND INDEMNITIES <br /> <br />1.1 Rents. Assignor hereby consti tutes and appoints <br />Assignee its true and lawful attorney, coupled with 'an <br />interest, and in the name, place and stead of Assignor to <br />demand, sue for, attach, levy, recover and receive all Rents or <br />any premium or penalty payable upon the exercise by any Lessee <br />under any Lease of a privilege of cancellation originally <br />provided in such Lease, and to give proper receipts, re leases <br />and acquittances therefor and, after deducting expenses of <br />collection, to apply the net proceeds as a credi t upon any <br />portion of the Indebtedness or the Obligations selected by <br />Assignee, notwithstanding the fact that such portion of the <br />Indebtedness or the Obligations may not then be due and payable <br /> <br />! <br /> <br />- 10 - <br /> <br />L <br /> <br />~ <br /> <br />v <br />h <br /> <br />L <br />
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