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. 86—x- 100,611
<br />fi. Assignor her covenants and warrants to the Assignee that ia) Assignor has not executed any prioz assign-
<br />ment of the Lease or of its right, title and intenea therein or therentals to accrue therrunder: (bl Assignor has not perfarmed
<br />arty art or executed any instrument which might prevent the Assignee from operating under any of the Terms and conditions
<br />hereof, cm which would :limit the Asaagnee in such operatioa; t c) Assignor has not aereptd rent under the Least for any period
<br />suhsequenttothe current ;periodforwhich rent has alreadybecome due and payable; (d) thereat. no default now existing under
<br />the Lease, and t e) Assignor has.uotexecuted or granted any modification or amendment whatever ofthe Lease either nraih or
<br />in writting except as act forth in Schedule B, and that the Lease is in full force and effect.
<br />R. IT IS MUTUALLY AGREED'it'ITH RESPECT TO EACH ].EASE THAT:
<br />1. :Assignee hereby granta permission to ?tssgnor to collect upon, but not pricrto accrual, all rents, issues, deposits
<br />and profits from the said Prmrises and to retain, and use and enjoy the same, but reserves the right u 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 presented
<br />for sending nutac:es. In any event, such permission to Assignor shall be automaticl]y revrikrd upon default, by .Assignorin tee
<br />payment of any of the Obligations secured hereby Orin the performance of any obligation, convenant, agreement herein. in
<br />said mortgage or deed of trust, in the Lease Orin Any of ibe +Obligations secured hereby, or in any securing document given :n
<br />connection therewith, (all of which will be reftr:ed to herein as "Default "). In the event thatihe Assignee should revoke such
<br />permission or after the occurrence of a Default, theAasignee, may at its upti on, after notification to Assign or, by certified meth,
<br />to the address hereinafterpnescribed for sending notices, direct any or all of the tenants of the Premises to pay to Assignee, Its
<br />agenteurtsattorneys , su rents,eatua,profits,revent ,depoats, nigh: sandbenehuAsmaynowhedueorshallhereinaler
<br />becomedue, and Assignee may collect thesame.ea35deai,orwritten statement of an cfficrr, agent. ar attorne3 of Assignee
<br />stating that there has been aDefault shall constitute conclusive evidennethereof, and any tenant or other persons is authxrazed
<br />:and directed to rely thereon. The Assignor further Agrees, that in the event, the permission to use and retain tberents. income.
<br />rues, Seposita and profits, sbou id be'srrnh ated:Dr upon the occnrance of a Default, to immediately turn over to Assignee. at
<br />the time and in the. mannasraquested by Assignee,:allsecurhy deposits or other monies deposited by ins of Premises,–
<br />;accordance with the provisions of the Leases.
<br />3. Notwithstanding fheproviaions ofparagraph l hereinabove, upon or at any time after aDefaultas del- 111fre-
<br />inabove, the Assignee, at its option, may declare all Obligations secured hereby imme diaieJy due audgayable, and may, at its
<br />Option, wdthoutnotic:e, and if anysuch Obligations be secured by deed oftrust irrespective.ofwhether a declaration of default
<br />under said deed of trust has been delivered to Trustee thereunder, exercise all rights and remedies contained in said mortgage
<br />or deed oftruat and without regard for the adequacy of:securityfor the Obligations hereby secured, eithesanperson or by agent
<br />with or without :bringing any action or proceeding, or by it receiver io be :appointed by a court, enter upon, take possesion of,
<br />manage and operate said Premises nrsmY part thereof, make, enforce, modify, and accept the surrender of Leases, obtain nmd
<br />evict tenants, fix or modify rents, and :do any acts which ibeAss gnee .deems proper to protect the security hereof, and either
<br />with or without takingpoesession oftheF remises, initsownname, sue for w otherwise rollectand receive all renta ,issuesand
<br />profits, includingthosepast due:andunpaid, And spplythe same, less cast andespenses of operation and collection, including,
<br />but not limited to, payments for wageesand payroll taxes, compensation of managing agent and other management coats and
<br />expenses, real estate taws and .assessment&, wafer, seswer, and armtlar charges, insurance and workmen's compensation
<br />premiums, ground rents, customary real estate' commission, and reasonable ,attorney's fees and court costa, upon any Obliga-
<br />ticme secured hereby, and in such order As the Assignee may determine. The entering upon Andt Ain" gpossessiOn ofthe 1'rem-
<br />isets, the collection of such genie, issues and profits and the application thereofas aforesaid, shall not cure or waive any default
<br />or waive, modify, or .affect notice of default under said mortgage or deed of trust or invalidate any ant done pursuant to such
<br />notice. Assignor-hereby releases any .and all claims which ithus ormight have against Assignee arising out of such collection,
<br />management operation and maintenance, excepting the :liability of Assignee to account for amounts collected and expended
<br />by it.
<br />3. The Amaigneeshall notbe obligated to perform or discharge, nor does it hereby undertaketoperfurm. or discharge,
<br />any obligation, duty or liability under the Lease, or under or by reason of this Assignment. Assignor shall and does hereby
<br />Agree to indemnify the Assignee against-and hold it harmless from any and all liability, loss or damage which it mayor might
<br />in ender the Lease or under or by reason ,nf elms Assignment and of and from any and all claims and demand whatsoever
<br />which may be asserted against it by reason of any alleged obligation or undertaking on its part to perform or in the discharge
<br />of any ofthe Berms, covenants or agreements contained in the Lease; should the Assignee incur any such liability, loss or
<br />damage under the Lease or under orby reason of this Assignment, or in the defense against any such claims or demands, the
<br />amoutittherecf, including costa, expenses and reasonable attorney'sfem, together with interest thereon at the highest rste ter
<br />forth in any ofthe Obligations secured hereby, shall be-secured hereby and by the said mortgage or deed of trust, 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 securer( hereby immediately due and payable.
<br />C. IT IS FURTHER MUTUALLY AGREED THAlu
<br />1. Until the Obligations secured hereby jibs(( have been paid in full, Assignor covenants; and agrees to keep leased
<br />at a good and antfficient rental the Premises and upon demand to transfer and assign to the Assignee any .and all subsequen t
<br />Lesaaee upon atl.or any part of such Premises upon the same or substantially the same terms and conditions as are here3a con-
<br />tained, and to make, execute, and deliverto the Assignee, upon demand, any and all instruments tbatmay benecaeaary ordesir-
<br />able therefore, but the terms and provisions Ofthis Assignment shall apply to any such subsequent Leaaeor Leases w•btther or
<br />not so signed and transferred.
<br />2. Assignor shall, upon "Quest of Aaaignae, furnish it it complete list as of the date of the request of all Leases and
<br />other ienaaecNs of the Premises in such reasonable detail as may be requested by Assignee. Further, if requested. Assignor
<br />shall deliver to Assign executed or certified copies of all Leases and otherwritten agreements, correspondence, and memo.
<br />rands between Assignor and Lessees and Other tenants setting forth the cuntractual arrangements between thern. Such
<br />requests aey be made at any reasonable time.
<br />3. The failure to list any specific Leases under Schedule B hereto, shall not invalidate or affect in any manner, the
<br />general awignment of rents and leases provided for herein.
<br />4. Upon the payment in full of all Obligations secured hereby, as evidenced by the recording or fumf of an Ulster
<br />menu of satisfaction or full release of said mortgage or deed ofttvst, unless thereshall ha e e been rec=.trded another rm c,rig age :,r
<br />deed of trust in favor ofthe Aasigrne covering the whoke or any part ofthe leased ]'remises th:s ?t ss griment shall lw t me n u;l
<br />and vuid and of no effect.
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