<br />r.n:\\il
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<br />88~ 1062'1'6
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<br />6. Assignor hereby covenants and warrant~ to the Assignee that (a) Assignor has not executed any prior
<br />Bssignment of the Lease or of Its rlgh~ title and Interest therein or the rentals to accrue thereunder, (b) Assignor has not
<br />performed Bny BCt or executed any instrumBnl which might prevent thB Asslgnea from operating undBr any of the terms and
<br />conditions herBOf, or which would IImltthe AsslgnBeln such operation; (c) Assignor hBS notaccBptBd rent undBrthe LeasBfor
<br />Bny period subsequBnt to the current period for which rent has alreBdy become due and payablB; (d) there is no dBfBUIt now
<br />existing undBrthe Lease, Bnd (B) Assignor hBS not executed or granted Bny modification oramendment whatBverolthe Lease
<br />either orally or in writing except BS set forth In Schedule B, Bnd that the Lease is In lull force and effect
<br />
<br />B. IT IS MUTUALLY AGREED WITH RESPECT TO EACH LEASE THAT:
<br />
<br />1. Assignee hereby grants permission toAsslgnorto collect upon, but not prior to accrual, all rents, issues,deposlts
<br />and profits from the said Premises and to retain, and use any enjoy the same, but reserves the rlghtto revoke such permission
<br />atBnytlme, with or without ceuse, by notice in writing to Assignorby certified mall sent tothe addrBss hBrelnafter prescribed for
<br />sending notices. In any eVBnt such permission to Assignor shall be automatically revoked upon dBfault by Assignor In the
<br />paymentofanyoltheObllgatlons secured hereby or In thB pBrformance of any obligation, covenan~ agreement herein, In said
<br />mortgage or deed 01 trust, In the LBase or In any of the Obligations secured hereby, or In any seCuring document given in
<br />connection therewith, (all of which will be referred to herein as "Default"). In the event that thB Assignee should revoke such
<br />permission or after the occurrence 01 a Defaul~ the Assignee, may at Its option, after nolificetlon to Assignor, by certified mall, to
<br />the address hereinafter prescribed for sending nolices, diract any or all of the tenants of the Premises to pay to Assignee, Its
<br />agents or its attorneys, such rents, Issues, profits, revenues, deposits, rights and benefits as may now be due or shalt
<br />hereinafter become due, and Assignee may collectlhe same. The affidavit or written statement of an officer, agent, or attorney
<br />of Assignee staling thBtthere has been a Default shall conslltuteconcluslve evldencethBrBOf, and any tenant to other pBrsons
<br />is authorized and directed to rely thereon. The Assignor further agrees, that In the eVBntthe permission to use and retain the
<br />rents, income, issues, deposits and profits, should betBrminated or upon the occurance of a Defaul~ to Immedialely turn over
<br />to Assignee, atthetlme and In the manner requested by Assignee, all security deposits or other monies deposited by Lessees
<br />of the Premises In accordance with the provisions of the Leases.
<br />
<br />2. Notwithstanding the provisions of paragraph 1 hereinabove, upon or at any time after a DBfault, as defined
<br />hereinabovB, the Assignee, allts option, may declare all Obligalionssecured hereby immediately due and payable,and may, al
<br />Its opllon, without nollce, and if any such Obligalions be secured by deed of trust irrespective 01 whether a declaration 01
<br />default under said deed of trust has been delivered to Trustee thereunder, exercise all rights and remedies contained In said
<br />morlgagB ordeed oltrust and without regard far the adequacy of securilyforthe Obligations hBreby sBcured, eithar!n person
<br />or by agBnt with or without bringing any action or proceeding, or by a recBiver 10 be Bppolnted by a court, enter upon,take
<br />possession of, managB and operate said Premises or any pert thereol, make, enforce, modify, and accept the surrender of
<br />Leases, obtain and BvlcttBnants, fix or modify rents, and do Bny acts which the AsslgneedeBms proper to proteclthesecurity
<br />hereof, and Bither with or withoultaking possBsslon of Ihe Premises, In its own namB, sue for or otherwise collectBnd receive
<br />alt rents, issues and profits, Including thosa pBstdueand unpaid, any apply the same, less costBnd expenses of oparallon and
<br />collection, Including, bul not limited 10, payments for wages and payroll taxBS, compensellon of managing agant Bnd other
<br />management costs and expenses, real estate taxes and assessmBnts, water, sawer, and similar charges, insurance and
<br />workar's compensellon premiums, ground rents, customary reBlestate commission, and reasonable attorney's fees and court
<br />costs, upon anyObllgallons sacured hereby, and In such order as lhB Assignee may determine. ThB entering upon and taking
<br />possession of thB Premises, the collecllon of such rents, Issues and profits and the appllcetlon therBOI as aforesaid, shall nol
<br />cure or waive any defBultor waive, modify, or affect nollce of dBfault under seld mortgage or deed oltrusl orinvalidateany acl
<br />done pursuantto such nollce. Assignor hereby releases any and all claims which It has or might have against Assignee arising
<br />out of such CollBcllon, managemenl operation and malnlenance, excepting the liability of Assignee to account lor amounts
<br />collected and expended by It
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<br />3. The Assignee shall not be obligated to perform or discharge, nor does it hereby undertake 10 pBriorm or
<br />discharge, any obligation, duty or liability under Ihe Lease, or under or by reason of this Assignment Assignor shall and does
<br />hBreby agree to indBmnlfythe AssignBeagalnstand hold It harmlBss from any and BII liability, loss or damage which It mayor
<br />might Incur under the LaBse or under or by reason of this Assignment and of and from any and all claims and demand
<br />whatsoever which may be asserted Bgainstll by reason of any alleged obligation or undertaking on its part to perform or in the
<br />discharge of any of the terms, covenants, or agreemBnts contained In Ihe Lease; should the Assignee Incur any such lIabillfy,
<br />loss or damage under thB LaBse or under or by reBson of this Assignmen~ or In the defense Bgalnst any such claims or
<br />demands, the amount thereof, Including costs, expenses and reasonable attorney's lees, togBlher with InteresttherBOn attha
<br />highest rBte selforth In any ollhe Obligallons secured hereby, shall be secured hereby Bnd by Ihe said mortgage or deed of
<br />trust and Assignor shall reimburse the Asslgneetherelor Immediately upon demand, and upon the failure of Asslgnorso todo
<br />the Assignee may declare all Obligations secured hereby Immediately due and payable.
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<br />C. IT IS FURTHER MUTUALLY AGREED THAT:
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<br />1. Until the Obligations secured hereby shall have been paid in full, Assignor covenants and agrees to keep leased
<br />at B good and sufficient rental the PriJmlses and upon demand to transfer and assign to the Assignee any and all subsequent
<br />Leases upon all or any pert of such Premises upon the same or substantiBlly the same terms Bnd condlllons as are herein
<br />contained. Bndto mBke, execute, and dBliverto theAsslgnBe, upon demand, any and all Instruments that may be necessary or
<br />desirable thBrefor, but the terms and provisions of this Assignmenl shall apply to any such subsequent Lease or Leases
<br />whBlher or not so assigned and transferred.
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<br />2. Assignor shalt, upon request of Assignee, furnish It a complete list as ollhe date 01 the request of BII Leases and
<br />other tenanclBS of the Premises In such reasonable detail as may be requested by AsslgneB. Further, II requBSted, Assignor
<br />shall deliver to Assignee executed or certified COplBS 01 all Leases and other written agreBmBnts, correspondence, and
<br />memoranda bBlween Assignor and Lessees and othertBnantssettlng forth the conlractual arrangements between them. Such
<br />requests may be made at any reasonable time.
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<br />3. ThB failure to list anr. specific Leases undBr Schedule B herelo. shall nol invalidate or affact in any manner. the
<br />general assignment of rents and eases p'ovlded for heraln.
<br />
<br />4. Upon the payment in full of all Obllgalions secured hereby. as evidenced by the ,ecording ar filing of an
<br />instrument of selislaction 0' full release of seid mortgage or deed of trust unless there shall have been ,ecarded another
<br />mortgage or deed ottrustln favor of the Assignee covering the whole or eny part of the leased Premises. this Assignment shall
<br />become null and void and of no affect.
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