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88- 10402e 6. Assignor hereby covenants and warrants to the Assignee that (a) Assignor has not executed any prior assign. ment of the Lealie or of its right, title and interest therein or the rentals to accrue thereunder; (b) Assignor has not performed any act or executed any instrument which might prevent the Assignee from operating under any of the terms and conditions hereof, or which would limit the AB8ignee in such operation; (c) Assignor has not accepted rent under the Lease for any period subsequent to the current period for which rent has already become due and payable; (d) there is no default now existing under the Lease, and (e) Assignor has not executed or granted any modification or amendment whatever of the Lease either orally or in writting except as set forth in Schedule B, and that the Lell8e is in full force and effect. B. IT IS MUTUALLY AGREED WITH RESPECT TO EACH LEASE THAT: 1. Assignee hereby grants permiuion to Assignor to collect upon, but not prior to accrual, all rents, iuues, deposita and profits from the said Premises and to retain, and use and enjoy the some, but reserves the right to revoke such permission at any time, with or without cause, by notice in writing to Assignor by certified mail sent to the address hereinafter prescribed for sending notices. In any event, such permission to Assignor shall be automaticlly revoked upon default, by Assignor in the payment of any of the Obligations secured hereby or in the performance of any obligation, convenant, agreement herein, in said mortgage or deed of trust, in the Lease or in any of the Obligations secured hereby, or in any securing document given in connection therewith, (all of which will be referred to herein DB "Default"). In the event that the Assignee should revoke such permiB8ion or after the occurrence of a Default, the Assignee, may at its option, after notification to Assignor, by certified mail, to the address hereinafter prescribed for sending notices, direct any or all of the tenants of the Premises to pay to Assignee, ita agents or its attorneys, such rents, iuues, profits, revenues, deposits, rights and benefits as may now be due or shall hereinafter become due, and Assignee may collect the same, The affidavit or written statement of an officer, agent, or attorney of Assignee stating that there has been a Default shall constitute conclusive evidence thereof, and any tenant or other persons is authorized and directed to rely thereon, The Assignor further agrees, that in the event the permission to use and retain therenta, income, iuues, dep08ita and profits, should be terminated or upon the occur once of a Default, to immediately turn over to Assignee, at the time and in the manner requested by Assignee, all security deposits or other monies deposited by Lessees of the Premises in accordance with the provisions of the Leases. 2. Notwithstanding the provisions of paragraph I hereinabo\'e, upon or at any time after a Default, as defined here- inabove, the Assignee, at its option, may declare all Obligations secured hereby immediately due and payable, and may. at its option, without notice, and if any such Obligations be secured by deed of l:ru8t irrespecti ve of whether a declaration of default under said deed oftruat has been delivered to Trustee thereunder, exercise all rights and remedies contained in said mortgage or deed of truBt and without regard for the adequacy of security for the ObligationB hereby secured, either in person or by agent with or without bringing any action or proceeding, or by a receiver to be appointed by a court, enter upon, take pos8etlion of, manage and operate Baid Premises or any part thereof, make, enforce. modify, and accept the surrender of Leases. obtain and evict tenants, fix or modify rents, and do any acts which the Assignee deems proper to protect the security hereof, and either with or without taking po88CfJtlion of the PremillClI, in its own name, Bue for or otherwise collect and receive all rents, isBues and profita, including thoBe past due and unpaid, and apply the aame, l""a coat and expelUles of operation and collection, including. but not limited to, paymenta for wages and payroll taxes, compensation of managing agent and other management costa and expen8etl, real estate taxes and aB_ment., water, sewer, and lIimilar chargllll, insurance and workmen'B compenBation premiumll, ground rent., CUlltomary real estate commiBsion, and reuonable attorney's fees and court coBlB, upon any Obliga. tioDIIlM!Cllred hereby, and in BUch order u the Auignee may determine. The entering upon and taking poueuion oHhe Prem, i...... the collection of Buch rent., illBUes and profita and the application thereof 88 aforeeaid, shall not cure or waive any default or waive, modify, or affect notice of default under said mortgaae or deed of lruat or invalidate any act done pursuant to Buch notice. Assignor hereby relea&eM any and all claims which it has or millht have against AIIIIillDee ari8ing out oflluch collection, manaaement operation and maintenance, exceptinK the liability of AIIIIignee to account for amount. collected and expended by it, 3, The Assignee shall not be obligated to perform ordischal'lJe, nor doea it hereby undertake to perform ordischlU'ltC. any oblil(ation, duty or liability under the Leue. or under or by rellllOn of this Assignment. A8Signor shall and does hereby agree to indemnify the Auignee qainst and hold it harmlcu from any and all liability . loss or damage which it mayor might incur under the Lealie or under or by reason of thiB AaaillDment and of and from any and all claims and demand whal80ever which may be _rted againllt it by reason of any a1leKed obligation or undertaking on it. part to perform or in thedillcharge of any of the terms, covenant. or agreement. contained in the Leaae; should the Auignee incur any such liability, lOIIll or damage under the Leue or under or by reason of thia Assignment, or in the defenae against any auch claims or demanda, the amount thereof. including COllta, expenlle8 and rea80nable attorney's feee, together with interest thereon at the higheatralellCt forth in any of the ObligatioDsllfJCured hereby, shall be secured hereby and by the said mortgage or deed of l.ru8t, and Assignor shall reimburllC the Auignee therefor immediately upon demand. and upon the failure of Assignor so to do the Assignee may declare all Obligations secured hereby immediately due Bnd payable. C. IT IS FURTHER MUTUALLY AGREED THAT: 1. Until the Obli&ations secured hereby Bhall have been pBld in full, Assignor covenants Bnd agTeetlto keep leased at a good and sufficient rental the Premises and upon demand to transfer and auip to the Assignee any and allsub8equent Lea_ upon all or any part of BUch Premisell upon the ume or substantially the same terma and conditions as are herein con, tained, and to make, execute, and deliver to the A8aignee, upon demand, any and all inatrument. that may be n~ ordesir- able therefore, but the terTllll and provisiona ofthiB AlIIIllfDment shall apply to any such aubaequent Lease or Leaaes whether or not 80 ....i&ned and tranaferred. 2. AlIIIilfDor Ilhall, upon request of AIII'lrI1ee, furnllih .t a complete hat as of the date of the request of all LeUelI and other LenaDei"" of the Premiaea in such l?.BlIOnable detaila8 may be reqUCllted by As.ignee. Further. if requested, A8signor shall deli". to Asai&nee executed or certified copies of all Len... and other written agreement., correepondence, and memo- randa between Aaaignor and LMeeee and other tenanUl setting forth the contractual arrangemen1.8 between them. Such requNt. may be made at any rea.onable ttme. 3. The lailure EO Ii~ any Specific r..,__ under Schedule B he",to. ahall not invahdate or afft'ct 10 any manner, the grneral auittnment of rent. and leIlII8 provided for herein, 4, llpon the psymenllO full of all Ohhgations secured h..reby, ". eVIdenced by the rt'<'Ording or fillOl1 of nn lO.tru, mrnt of ..tillfaroon or flilil rele""" of Baid mlJrtll'Blle or delld oftru8t, unl...a the.... ahall hsv.. oo..n I't'l'Orded anolhl'r morlllalle cor de<<! oftruat in favor of the Aaailln.... ""venn II the whole or any part of the leBBed PremIse.., th.. Aaaillnment .hall bt'come null and "Old and nf no efflOCt