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<br />88....104891 <br /> <br />1. <br /> <br />Definitions. <br /> <br />have the <br />Aqreement. <br /> <br />All capitalized terms used herein without definition <br />respective meanings ascribed to them in the Loan <br /> <br />2. <br /> <br />Collateral Assignment; Reversion. <br /> <br />(a) The Assignor, for itself and its successors and <br />assigns, hereby grants unto the Assignee, as collateral security <br />for the payment of all Obligations, a continuinq security interest <br />in and to all of the Assignor's right, title and interest in and <br />to the Lease, to have and to hold the same unto the Assignee, and <br />its successors and assigns, until such time as all Obligations <br />shall have been paid in full and the Assignor shall have no <br />further right to extension or funding by the Assignee; provided, <br />however, that to the extent that the Assignor's execution and <br />delivery of this Assignment and/or the Assignee's assertion or <br />enforcement of any of its riqhts hereunder would, absent any <br />consent of the landlord of the Premises which was not theretofore <br />obtained, constitute a breach of or default under the Lease by the <br />Assignor, then this Assignment shall, to such extent, be deemed ab <br />initio to be of no force or effect, as if same had never been <br />entered into; and further provided, that to the extent that any <br />such defect may thereafter be remedied by obtaininq the landlord's <br />consent, then this Assignment shall, to such extent, be deemed <br />restored and reinstated upon the obtaining of such consent. <br /> <br />(b) At such time as the Assignor shall have paid and <br />performed the Obligations in full, and shall have no further right <br />to extension or funding by the Assignee, then this Assignment <br />shall become and be void, and the Assiqnee shall, at any time <br />thereafter, at the request and expense of the Assiqnor, reassign <br />the Lease to the Assignor or as the Assignor shall otherwise <br />direct. <br /> <br />3. Assignor's Representations and Warranties. <br /> <br />The Assignor hereby represents and warrants that: <br /> <br />(a) The Assignor has not sold, assigned, transferred, <br />mortgaged, pledged or otherwise encumbered, or subjected to any <br />inconsistent or adverse interests, any of its right, title or <br />interest in, to or under the Lease; <br /> <br />(b) The Lease, as annexed hereto as Exhibit MAM, <br />remains unmodified and in full force and effect, and is valid and <br />enforceable in accordance with its tezus; <br /> <br />- 2 - <br />