|
agree to indemnify he Assignee Assig y, loss Assignor shall and does hereby -_
<br />y against and hold it harmless from say and all liability, loss or dam age which it may or might ,
<br />incur under the I ease or under or by reason of this Assignment and of and from any and all claim age
<br />and demand whataoever
<br />-which may be asserted against it by reason of any alleged obligation or undertaking
<br />of any of the terms, covenants or rig on its part to Perform or in the discharge
<br />agreements contained in the iilaa should the Asstgnee incur any ouch liability_ loss Or
<br />damage under the Lease or under or by reason of this Assignment, or in the defense against any such claims or demands. the
<br />amount thereof, including costs, expenses and reasonable attorney's fees, together with interest thereon at the highest rate me
<br />forth in any of the Obligations secured hereby. shall be secured hereby and by the said mortgage ordeed oftrust. and Assignor
<br />shall reimburse the Assignee therefor immediately upon demand. and upon the failure of Assignor so to do the Assignee may
<br />declare all Obligations secured hereby immediately due and payable.
<br />C. IT iS FURTHER MUTUALLY AGREED THAT:
<br />I. Unto the Obligations secured hereby shall have been paid in full, Assignor c^venanra and agrees to keep ieaaed
<br />at a good and sufficient rental the Premises and upon demand to transfer and assign to the Assignee any and all subsequent
<br />Leases upon all or any part of such Premises upon the same or substantially the same terms and conditions as are herein con
<br />tatned, and to make, execute, and deliver to the Assignee, upon demand, any and all instruments that may be necessary ordeair-
<br />able therefore, but the terms and provisions of this Assignment shall apply toany such subsequent Lease or Leases whetheror
<br />not ac assigned and transferred-
<br />2 Assignor shall, upon request of Ass
<br />ecfur ishita v^�plee- '_atssof ed�xcf.ser€gnestofrituaseaerr
<br />ether tenancies of the Premises in such reasonable detail tie may be requested by Assignee Further, if requested, Aasignor
<br />*hall deliver to Assignee executed or certified copies of aid Leases and other written agreements, correspondence, and memo
<br />rands between Assignor and Lessees and other ° ,:tits sett. ,t fetch the contractual arrangements between them. Such
<br />requests may be made at any reasonable time
<br />3. The failure to list any spedfic I. ter Schedule B hereto, shall not invalidate or affect m anv manner, the
<br />general Assignment of rents and lasses prov:u, ;.
<br />i Upon the povment in full r3f ail Ohiva,,,,. ,is ecv-ureri hereny aeeti ten
<br />went cif sattsfscuon or fall reilese of said mutt a ng .;t .ti{ n
<br />.. g g2tirdeedtiftrust,uniese i. ^.eel g;t RSi- 9�'P ?�rt'n r. +^e.,r 3e'ti2 r7r ..et rl_r.7�Hj�r ,r
<br />deed of trust in favor of the Assignee. covering the whAne or env part of the irased F'remuli.. this �ssignrnlr+ a ?a arc „mr r h,.;
<br />amt trend and of no effe,,t
<br />100756
<br />& Assignor hereby covenants and warrants to the Assignee that tai Assignor has not executed any timer ,.astgn-
<br />ment of the lease or of its right, title and interest therein or the rentals to accrue thereunder; ibi Aeeignor has n
<br />not pertormed
<br />any actor executed any instrument which might prevent the Assignee from operating under any of the terms and conditions
<br />hereof, or which would limit the Assignee in such operation; (c) Assignor h
<br />has not accepted rent under the Lease for any period '
<br />subsequent to the current period for which rent has already become due and payable; (d) there is no default now existing under,
<br />the l ease, and (e) Assignor has not executed or granted any m
<br />modification or amendment whateverof the Lease either orally or
<br />in writting except ss set forth in Schedule B. and that the Lease is in full force and effect,
<br />B. IT IS MUTUALLY AGREED WITH RESPECT TO EACH LEASE THAT:
<br />1. Assignee hereby grant@ permission to Assignor to collect upon, but not prior W accrue(, all rents, issues, deposits
<br />and profits from the said Premises and to retain, and use and enjoy the same, but reserves the right r
<br />revoke such permission
<br />at any time, with or without cause, by notice in writing to Assignor by certified mail sent to the address hereinafter preacribed ,
<br />for sending notices. In any event, such permission to Assignor shall be automaticily r
<br />revoked upon default, by A signorin the
<br />paymen t of any of the Obligations secured hereby or in the performance of any obligation, convenent, agreement herein, i
<br />in
<br />said mortgage or deed of trust, in the Lease or in any of the Obligations secured hereby, or in an securing document g
<br />given i
<br />such
<br />permission or after the occurrence of s Default, the Assignee, may at its option, after notification to Assignor, by certified mats;
<br />to the address hereinafter prescribed for sending notices, direct any or all of the tenants of the Pre m
<br />mises to pay to Assignee, its
<br />agents of it@ attorneys, such rents, issues, profits, revenues, deposits, rights and benefits as may now be due or shall hereinafter
<br />become due, and Assignee may collect the same. The Affidavit o
<br />or written statement ofan officer, agent, or attorney ot-Assignee ";
<br />stating that there has been a Default shall constitute conclusive evidence thereof, and env ten ant or other persons is author=ed
<br />and directed to rely thereon. The Assignor further a
<br />' i
<br />agrees, that in the event the permission to use and retain the rents, income,
<br />w- t
<br />over t
<br />1. Notwithstanding the provisions of paragraph l heremabove. upon or at any time after a Default. as defined hem
<br />inabove, the Assignee, at its option, may declare All Obligations s
<br />secured hereby immediately due and payable, and may, at its
<br />option, without notice, and if any such Obligations be secured by deed of trust irrespective of whether a
<br />a d
<br />either i
<br />posseuon
<br />manage and operate said Premises or any part thereof, make, enforce, modify, and accept the surrender of Leases.obtain
<br />evict umants, fix or modify rents, and do any acts which the Assignee deems proper to protect the security hereof, and either
<br />with or without taking possession of the Premises, in its o
<br />own name. sae form otherwisecoilectand receive ati rents, issues and
<br />profits, including those post due and unpaid, and apply the same, less cost and expenses of operation and c
<br />collection, mci_udittg,
<br />but not limited to, payments for wages and payroll taxes, compensation of managing Agent and other ss management and
<br />expenses, real estate taxes and asssments, water. sewer, a
<br />and similar charges, insurance and workmen's compensatno^ ,
<br />Premiums. ground rents. customary real estate commission, and reasonable attorney's fees and court costa, upon any Obbgr.
<br />Lions secured hereby, and in such order u the
<br />Assignee m
<br />may d
<br />any d
<br />outofau h eollerRuch,
<br />management operation and maintenance, excepting the habthty of Assignee to account for amounts collected and expended
<br />by IL -
<br />3- The Assignee eh all not be obligated to perform or discharge. nor does it hereby undertake to parfarm or discharge.
<br />any obligation, duty or liability under the (rase, or under or by reason o
<br />of this
<br />
|