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<br />I <br /> <br />88-=102044 <br /> <br />or received any bona fide and acceptable offer to purchase the <br />Property or any part thereof which would in any way affect any <br />right or option of first refusal to purchase all or any portion <br />of the Property now contained in any Lease. <br /> <br />ARTICLE 5 <br /> <br />COVENANTS <br /> <br />In addition to the covenants and agreements of Assignor set <br />forth in the Loan Agreement and the other Loan Documents, <br />Assignor hereby unconditionally covenants and agrees with <br />Assignee as follows: <br /> <br />5.1 Performance. Assignor shall observe, perform and <br />discharge, duly and punctua lly, a 11 and singular, the <br />obligations, terms, covenants, conditions and warranties of the <br />Leases in all respects; and Assignor shall give prompt notice <br />to Assignee of any failure on the part of Assignor to observe, <br />perform and discharge the same. <br /> <br />5.2 Notification to Lessees. Upon request of Assignee, <br />Assignor sha 11 noti fy and di rect, in wri ting, each and every <br />present or future Lessee or occupant of the Property or of any <br />part thereof that any security deposit or other deposits <br />heretofore delivered to Assignor have been retained by Assignor <br />or assigned and delivered to Assignee, as the case may be. <br /> <br />5.3 Enforcement. Assignor shall enforce the performance <br />of the obligations, terms, covenants, conditions and agreements <br />in the Leases by any Lessee to be performed, to the extent and <br />as provided in the Loan Agreement. Assignor sha 11 appear in <br />and defend any action or proceeding arising under, occurring <br />out of or in any manner connected with the Leases or the <br />obligations, duties or liabi Ii ties of Assignor and any Lessee <br />thereunder, and upon request by Assignee, Assignor will do so <br />in the name and on behalf of Assignee, but at the expense of <br />Assignor, and Assignor shall pay all costs and expenses of <br />Assignee, including reasonable attorneys' fees and <br />disbursements, in any act ion or proceeding in which Ass ignee <br />may appear. <br /> <br />5.4 Anticipation or Hypothecation of Rents. Assignor <br />shall neither receive nor collect any Rents from any present or <br />future Lessee (other than the last month's rent, which may be <br />prepaid) for a periOd of more than one (1) month in advance <br />(whether in cash or by evidence of indebtedness); nor pledge, <br />transfer, mortgage or otherwise encumber or assign future <br />payments of Rents. <br /> <br />- 7 - <br /> <br />L <br /> <br />~ <br /> <br />L <br />