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<br />.w c.: -- a -,...
<br />86--- 1 X467
<br />Assignor heretsy ~overants and warrants tl the Asei ghee thn( in, APPIKnor lisp nix( executed Any pro r s *sign
<br />ment of the loser or of its right, title and interest therein or the rentals to accrue thereunder; ibl Assignor has nut periormed
<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 Assignee in such operation; (c) Assignor has not accepted rent under the lease for env 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 t rase, and (e) Assignor has not executed or granted any modification or amendment whatever of the Lease either orally or
<br />in writting except m 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 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 right to revoke such 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 notices. In any event, such permission to Assignor #hall be autamatielly 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 Lease 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" 1. In the event that the Assignee should revoke such
<br />permission or after the occurrence of • 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, 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 time. The afftdavitor written statement of an officer, agent, or attorney of Assigner.
<br />stating that there his been a Default ahall constitute conclusive evidence thereof, and any tenant or other persons is authorized
<br />and directed to rely thereon. The Assignor further 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, all security deposits or other monies deposited by Lessees of the Premises in
<br />accordance with the provisions of the Leases.
<br />2. Notwithstanding the provisions of paragraph I hemnabove, upon or at any time after a Defouit. as defined here--
<br />Anabove, the Assignee, at its option, may declare all Obligations secured hereby immediately due and payable, and may, atita,
<br />option. without notice, and if any such Obligations be secured by deed of trust irrespective of whether a declaration ci default
<br />tinder maid deed of trust has been delivered to Trustee thereunder, exercise all rights and remedies contained in said mortgage,
<br />or deed of trust and without regard for the adeq uacy of ewunty for the Obligations hereby secured, either in person or by agent
<br />with or without bringing any action of proceeding, or by a receiver to be appointed by a court, enter upon, take puseeaion 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 APetgnee deems proper to protect the security hereof, and either
<br />nth or without taking possession of the Premises, in its own name, sue forcrotherwime, collect and receiveall rents, issues and
<br />profits, including those past due and unpaid, and apply the same, lesecost and expensemof operation and collection, including. ,
<br />:but not limited to, payments for wages and payroll taxes, compensation of monagmg agent and other management costs onr,
<br />vpeneem, real estate team and assessments, water, sewer, And similar charges, insurance and workmen's rompensatro°
<br />premium*, ground rents, customary real estate commission. and reasonable attorney's fees and court costa, upon any Oblige
<br />hone secured hereby, and in such order as the Assignee may determine, Th* entering upon and taking possession of the Pren,
<br />ises, the collection of such rents, tasaes and profits and the application thereof as aforesaid, shall not care orwaive any default
<br />:or waive, modify, or affect notice of default under said mortgage or deed of trust or invalidate any act done pursuant to such
<br />notice. Assignor hereby relosom env and all claims which it has or might have against Assigner arising out ofeuch 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 beobt ill ated to perform or dLoc.,arse, nor dose it hereby undertake u_ ;,erform or discharge.
<br />any obligation, duty or Lability under the Lease, or under or by reason of this Assignment. Assignor shall and does hereby
<br />agree to indemnify the Aesignee againatand hold it harmless from any and all liability, loss or damage which it may or might
<br />dncur under the Lease or under or by reason of this 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 of the terms, covenants or agreements contained in the Lease: should the Assignee incur any such liability, lose 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 cost, expenses and reasonable attorney's fens, together with interest thereon at the highest rate set
<br />forth in any of the Obligations secured hereby, shall be secured hereby and by the amid 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 MU'T'UALLY AGREED THAT:
<br />1. Lentil the Obbgatiotis secured hereby shall have been paid in full, Assignor covenants and agrees to keep leased .
<br />at a good and sufficient rental the Premises and upon demand to transfer and assign to the Assignee any and all eu}Piequent
<br />-- l.eamea upon all or env part of such Premises upon the same or substantially the same terms and conditions a* are herein con
<br />tanned, and to make. execute. and deliver t, the Assignee, upon demand, any and all instruments that may he necessary or deairr
<br />able therefore, but the terms and provisions of this Assignment shall apply to any such subsequent Lease or Leases whether or
<br />not so assyned and transferred
<br />2 Assignor shall, a Sri Pmqueet of Assignee, furnish it a complete list as of the date of the request of all Leases and
<br />other tenancies of the Premiss in such reasonable detul as may be requested by Assignee. Further, if requested, Assignor
<br />shall daliver to Assignee executed or certified cup iea of all lAma s and other written agreements. correspondence, and memo-
<br />rands bstweaa Assignor and Lesseem and other - =nis getting forth the contractual arrangements botween them. Such
<br />requests may be made at any reasonable time
<br />3 The failure to list any specific I, 'let Schedule H hereto, shall not invalidate or affect in any manner, the
<br />general smaignawrit of "into and impose provto. ,#rein
<br />c T't m the i,av!nsizt in fuii,:{ All !>h a,,,,..isreo -ur"J herd+% tear-vt,renir+l he I!- rt-- mrdtogR ,r c-? A -.i sir, nr7.ru
<br />srient of satisfaction or full release of *aid mortgage or dual of trust, unit** tlirre *hail have rx n r""mird Artier onntKaKe, -r
<br />' ..tsevt :,{ trust in favor „{:tie Assigner rr,verioa the whole :u moss i ,asst rl the teamed 1remises, trite Aamip rnrnrnt *limit i.reomr+s ini4
<br />,t"d "'M slid d nn rffen t
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