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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 />5.5 Modification of Leases. Assignor shall not assign, <br />sublet, modify, cancel, terminate or consent to any termination <br />or surrender of any Primary Lease wi thout the prior wri tten <br />consent of Assignee. with respect to any other Lease, Assignor <br />sha 11 not assign, sublet, modi fy, terminate or consent to any <br />surrender of any Lease other than a Primary Lease or terminate <br />or commence any action of ejectment or any summary proceedings <br />for dispossession of the Lessee under any Lease other than a <br />Primary Lease or exercise any right of recapture provided in <br />any Lease other than a Primary Lease, nor modify or in any way <br />alter the terms thereof, except in accordance with the <br />provisions of Section 7.2 of the Loan Agreement. Assignor <br />shall not renew or extend the term of any Lease unless an <br />option therefor was originally so reserved by the Lessee and <br />for a fixed and definite rental, without the prior written <br />consent of Assignee, and Assignor shall not relocate any Lessee <br />within the Property nor consent to any modification of the <br />express purposes for which the Property has been leased, except <br />in accordance wi th the prov is ions of Sect ion 7.2 of the Loan <br />Agreement. <br /> <br />5.6 Delivery of Leases, Notices; Further Acts and <br />Assurance. Unti 1 the Indebtedness has been paid in full and <br />discharged, Assignor wi 11 deliver to Assignee executed copies <br />(or executed originals if requested by Assignee) of all <br />existing and all other and future Leases when executed upon all <br />or any part of the Property and will transfer and assign such <br />other and future Leases upon the same terms and conditions as <br />herein contained, and Assignor hereby covenants and agrees to <br />make, execute and deliver to Assignee, upon demand and at any <br />time or times, any and all assignments and other documents and <br />instruments which Assignee may deem advisable to carry out the <br />tru~ purpose and intent of this Assignment, it being understood <br />and agreed, however, that no such further assignment shall be <br />required for the effectiveness of this Assignment as to any <br />such future Leases. Assignor further covenants and agrees to <br />deliver to Assignee copies of. any and all notices delivered or <br />received by Assignor pertaining to any Primary Lease and, upon <br />the request of Assignee therefor, to deliver to Assignee any <br />notices delivered or received by Assignor under any other Lease. <br /> <br />ARTICLE 6 <br /> <br />REMEDIES UPON DEFAULT <br /> <br />6.1 Remedies. Upon or any time after the occurrence of an <br />Event of Default, Assignee, at its option, shall have the <br />complete right, power and authority hereunder, then or <br />thereafter, to exercise and enforce any or all of the following <br />rights and remedies: <br /> <br />- a - <br /> <br />L <br /> <br />L <br /> <br />~ <br /> <br />L <br />
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