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87106202
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87106202
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Last modified
10/19/2011 2:13:38 PM
Creation date
3/27/2008 3:01:48 PM
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DEEDS
Inst Number
87106202
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mom= <br />Tft. Payment of all other sums with interest thereon <br />becoming due and payable to the Assignee herein and in said <br />Note and Deed of Trust contained. <br />THREE. Performance and discharge of each and every <br />obligat ran, covenant and agreement of Assignor herein and in <br />said Note and Deed of Trust contained. <br />AND TO PROTECP THE SECURITY OF THIS ASSIGNMENT, <br />1. Performance of Leases. To faithfully abide by, <br />perform an sc arge- eac and—every obligation, covenant and <br />agreement under any Leases of the Premises to be performed by <br />the landlord thereunder; to enforce or secure the performance <br />of each and every obligation, covenant, condition and agreement <br />of said Leases by the tenants thereunder to be performed; not <br />to borrow against, pledge or assign any rentals due under said <br />Leases, or anticipate the rents thereunder or reduce the amount <br />of the rents and other payments thereunder; not to waive, <br />excuse, condone or in any manner release or discharge the <br />tenants thereunder of or from the obligations, covenants, <br />conditions and agreements by said tenants to be performed under <br />the Leases or to permit the tenant to assign its interest in <br />the Lease unless required to do so by the terms of the Lease; <br />not to terminate the Leases or accept a surrender thereof or a <br />discharge of the tenant unless required to do so by the terms <br />of the Lease; not to consent to a subordination of the interest <br />of the tenants thereunder to any party other than Assignee and <br />then only if specifically required to do so by the Assignee. <br />2. Protect Security. The Assignee shall have the right <br />at Assignor's sole cost and expense, to appear in and defend <br />any action or proceeding arising under, growing out of or in <br />any manner connected with the Leases or the obligations, duties <br />or liabilities of the landlord thereunder, and Assignor agrees <br />to pay all costs and expenses of Assignee, including attorney's <br />fees in a reasonable sum, in any such action or proceeding in <br />which the Assignee in its sole discretion may appear. <br />3. Representations. Assignor represents and warrants <br />that it is now the absolute owner of said Rents with full right <br />and title to assign the same; that there are no existing <br />defaults under the provisions of any of the Leases on the part <br />of any party to the Leases; that no Rents have been waived, <br />anticipated, discounted, compromised or released, except as <br />disclosed to Assignee; and that the tenants have no defenses, <br />setoffs, or counterclaims against Assignor. <br />4. Present Assignment. This Assignment shall constitute <br />a perfected, absolute and present assignment, provided the <br />Assignor at the sole discretion of Assignee shall have the <br />right to collect but not prior to accrual all of the Rents, and <br />-2- <br />A <br />M <br />IN <br />M <br />
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