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S. Assignor hemby covenants and warrants to the Assignee that (a) Assignor has not executed any prim nesign- <br />ment of the [ease or of its right, title and interest therein or the rentals to accrue thereunder; (b) Assignor has not perlurmed <br />any act or executed any instrument which might prevent the Assignee from operating under any of the terms and conditions <br />hereof; or which would limit the Assigns In such operation; (c) Assignor has not accepted rent under the [ease for any period <br />subsequent to the current period for which rent has already become due and payable; (d) there is nodefoult now existing under <br />the Lease. and (e) Assignor has not executed "granted any modification or amendment whatever of the Lewe either orally or <br />in writting araept w set forth in SehadWo a, and that the tea*@ is in full force and effect. <br />A. IT IS MUTUALLY AGREED WITH RESPECT TO EACH LEASE THAT: <br />I. Assignee hereby grants permission to Assignor to collect upon, but not prior to accrual, all rents, issues, deposits <br />and profits from the said Premises and to retain, and use and enjoy the same, but reserves the rightto revokesuch permission <br />at anytime, with or without cause, by notice in writing to Assignor by certified mail sent to the address hereinafter prescribed <br />for sending nodes. In any event, such permission to Assignor shall be automaticily revoked upon default, by Assignor in the <br />payment of any of the Obligations secured hereby or in the performance of any obligation, convenant, agreement herein, in <br />said mortgage or deed of trust, in the Lertasor 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 the Assignee should revoke such <br />permission or after the occurrence of a Default, the Assignee, may at its option, after notification to Assignor, by certified mail, <br />to the address hereinafter prescribed for sending notices, direct any or all of the tenants of the Premises to pay to Assignee, its <br />agents or its attorneys,swh rents, issues, profits, revenues, deposits, rights and benefits as may now bedue or shall hereinafter <br />become doe, and Assignee may coiled the "me. The affidavit or written statement of an officer, agent, or attorney of Assignee <br />stating that then has been a Defaultshall constitate conclusiveevidence thereof, and any tensht or other persons is authorized <br />and directed to rely thereon. The Assignor farther agrees, that in the event the permission to use and retain the rents, income. <br />issues, deposits and profits, should' be terminated or upon the occurance of a Default, to immediately turn over to Assignee, at <br />the time and in the manner requested by Assignee, 011 security deposits or other monies deposited by Losses of the Promises in <br />accordance with the provisions of the Lasses. <br />2. Notwithstanding the provisions of paragraph I hereinabove, upon or at anytime after a Default. as defined here- <br />3aabove, the Assign*@, at its option, may declare all Obligations secured hereby immediately due and payable, and may, &tits <br />option, without notice, and if any such Obligations be secured by deed of trust irrespective of whether a declaration of default <br />under said deed of trust has been delivered to Trust" thereunder, exercise all rights and remedies contained in said mortgage <br />or deed of trust and without regard for the adequacyofsecurity for the Obligations hereby secured, either in person or by agent <br />with or without bringing any action or proceeding, or by a receiver to be appointed by a court, enter upon, take possesion of <br />manage and operate said Premises or any part thereof, make, enforce, modify, and accept the surrender of Leases, obtain and <br />evict tenants, 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 Premix", in its own name, sue foror otherwiaecollect„and receive all rents, issues and <br />Profits, including those past due and unpaid, and apply the same, lees coat and expenses of operation and collection, inciudinR <br />but not limited to, payments for wages and payroll taxes, compensation of managing agent and other management costs am <br />expenses, real estate taxes and assessments, water, sewer, and similar charges, insurance and workmen's compeneatior <br />Premiums. ground rents, customary real estate commission, and reasonable attorney's fees and court costs, upon any Oblige <br />tions secured hereby, and in such order sa the Assignee may determine. The entering upon and taking possession of the Prom <br />ices. the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cursor waive any default <br />or waive, modify, or affect notice of default under said mortgage or deed of trust or invalidate any act doaa pursuant to such <br />notice. Assignor hereby releases any and all claims which it has or might have agar not Assignee arising outof ouch collection, <br />management operation and maintenance, excepting the liability of Assignee to account for amounts collected and expended <br />by it. <br />3. The Assignee shall not be obligated to perform or discharge, nor does it hereby undertake to perform 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 may or might <br />incur under the Lea*@ or under or by reason of this Assignment and of and from any and all claims and demand whatsoever <br />which may be sssortsd against it by reason of any alleged obligation or undertaking on its part to perform or in thedischarge <br />of any of the terms, covenants or agreements contained in the lease; should the Assignee incur any such liability, loss or <br />damage under the tease or under or by reason of this Assignment, or in the defense against any such claims or demands, the <br />amount thereof, including coats, expenses and reasonable attorney's fees, together with interest thereon at the highest rateset <br />forth in any of the 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 secured hereby immediately due and payable. <br />C. IT IS FURTHER MUTUALLY AGREED THAT: <br />1. Unul the Obligations secured hereby shall have been paid in full. Assignor covenants and agrees to keep leased <br />at a good and sufficient rental the Premixes and -.Pon 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 substan tially the same terms and conditions as are herein m con- <br />tained, and to make, execute, and deliver to the Assignee, upon demand, any and all instruments that may be necessary or deair <br />able therefore, but the terms and provisions of this Assignment shall apply to any such subsequent lease or Leases whether or <br />not w asaigned and transferred. <br />Z. Assignor shall, upon request of Assignee, furnish it a complete list as of the date of the request of all Leases and <br />DOW tenancies of the Promises in such reasonable detail ss may be requested by Assignee. Further, if requested, Ass ignor <br />shall deliver to Assignee sawated or certified copies of all Loasss and other written agreements, correspondence, and memo <br />rands between Assignor and reasons and other rots setting forth the contractual arrangements between them. Such <br />ttigoaste may be made at any reasonable lima. <br />I The failure to list any specific [r- .der Schedule B hereto, shall not invalidate or affect in any manner, the <br />general assignment of rents and lases provru. . erem. <br />4 Upon the payment in full of all Uhtis ",,,.nr secured hereby, an evidenced by the recording or filing of an metre <br />merit of satisfaction or fall release of said mortgage or deed of trust, unless there shall have been recorded another mortgage or <br />deed of Carat in favor of the Amignse covering the whole or any part of the leased Premises, this Assignment shall become null <br />and void and of no effect <br />