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� 1 <br />�. 86- 105669 <br />6. Assignor hereby covenants and warrants to the Assignee that (a) Assignor has not executed any print assign- <br />ment of the Lease or of its right, tide 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 te-me and conditions <br />her@4 or which would limit the Assignee in such operation: (c) Assignor has not a <br />sabasgusot to the currant period for which rent has already become due and accepted rent under de the Lease for any period <br />iM Leaas, and (a) Assignor has not executed or Created any modification Oraamendmentwhateverof the ILraseeitherorallyor <br />in writting except on sat forth in Schedule B. and that the mass is in full force and effect. <br />IL IT I8 MUTUALLY AGREED WITH RESPECT TO EACH LEASE THAT- <br />1 • Assignee hereby treats p�m ion to Assignor to collect upon. but not <br />and profile from the said Premises and to rs —fain, and use and a Prior toe right , all rents, wwa. deposits <br />at any time, with or without cause, by notice in writing to e�Oy the came. but reserves the right to revoke each permission <br />for sending notices. In an even such toA Assignor shall bye ertified mail sent to the address hereinafter prescribed <br />Y k permission to Assignor shall be automatielly revoked upon default, by Assignorin the <br />Payment of any of the Obligations secured hereby or in the performance of any oblige, tion, convenan; agreement herein, in <br />said mortgage or deed of trust„ in the Lesiae or in any of the Obligations secured hereby, i to any securing n t. a document given in <br />connection therewith. (all of which will be referred to herein sa "Default "). In the event that the Assignee should revoke such <br />Permission the address ss after na er proscribed f Default. the Assignee, may at its option, after notification to Assignor, by certified mail, <br />to the orit ae la reins m prescribed for, pr oft noti ces, direct any or all of the tenants of the Premiss to pay to Assignee, its <br />agents dries attorrtsyg ee i twtle, issues, profits, revenues, deposits. rights and benefits a• may now be due or @hall hereinafter <br />become due, awd Assignee may collect the same. TheafSdavit or written statement of an officer, stating thattlim has been a Defaultdnail constitute conclusive evidence thereof, and any tenan agent, oltor attorney of Asaignee <br />and dirsaW to rely thereon. The Assignor further agrees, that in the event the Persona is authorized <br />issues, deposits and profits, sboold be terminated or u Permission to use and retain the rents. income, <br />the time and in the manner upon the ocouca� of a Default, to immediately turnover to Assignee, at <br />accordance with the ions of the � Lesson. all security deposits or other monies deposited by i esaseeof the Ptemia ' in <br />Provisions stale Issues. <br />2 Notwithstanding the Provisions of paragraph I hereinabove. upon or at any time after a Default, as defined here <br />inbove, the Assignee, at its option, may declare all Obligations secured hereby immediately demand Payable, and may, at i4 <br />option. without notice, and if any each Obligations be secured by deed of trust irrespective of whether a declaration of default <br />under said deed of trust has been d•Uwas to Trustee thereunder, exercise all rights and remedies contained in said mortgage <br />or dead of trust and without forte a adequacy ofeecnrity for the Obligations hereby secured, either in person or by agent <br />with or without bringing proceeding, or by a receiver to be a <br />manage and operate said Premises or an appointed by a cone; enter upon, take po btaion of, <br />y Part thereof, make, enforce, modify, and accept the surrender of Leases, obtain and <br />evict tanante. fix or modify rents, and do any acts which the Assignee deems Proper to protect the security hereot, and either <br />with or without taking possession of the Premises, in its own name, one for or otherwise colt <br />Profits, including those post dusand unpaW, and apply the same. less cost and ex ecti,a Lion a eve all rcnta, issues and <br />but not limited to, payments for wages nes ant and of and collection, including. <br />coss <br />tfse and Ps. wa taxes, compensation r charges i surat and other management comp costs arc <br />expenses, real aatats tares and aeeesemmts, water. server, and similar charges, insurance and workman premiums. ground rents. customary real estate commission, and reasonable attorney'• fear and court costs, upon lions secured hereby, sad in such order sa the Assignee may detsrmihhe. The aatertn n pon any Oblig, <br />isee, the collection of each rants. issues and Profits and the a [ upon and taking Possession of the Preen <br />or waive, modify, or affect notice of default tinder said m thereof sa aforesaid, shall not cure or waive any default <br />notice. Assignor hereby releases any and all claims which it has or id hthav�t or invalidate say act done pursuant a such <br />management operation and matntenanoe. excepting the liability of g �II1nt Assignee sn is collects, <br />h collection, <br />by it Y Assignee to account for amounts collected and expended <br />3. The Assignee shall not beobligated to perform or discharge, nor does it hereby undertake to perform or discharge, <br />any obligation, dray or liability under the Loom, 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 :iabdity, loss ordamage which it may or might <br />incur under the Lae" or under or by reason of this Assignment and of and from any and all claims and demand whatsoever <br />Of any of the terms, asserted against it by Moist of <br />or agreements any contained lion or undertaking on its part to perform or in the discharge <br />damage under the s. covenants n under or I .ease; should the Assignee incur any such liability, loss or <br />amount tlhareof, include cats, r by reason of this Assignment, or in the defense against any such claims or demands, the <br />forth in h eothe clu peaty and reasonable attorney'a fees, together with interbatthereon at the highest rate set <br />y Obligations secured hereby, shall be secured hereby and by the said mortgage or deed oftrust, and Assignor <br />shall reimburse the Assignee therefor immediawy 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 I3 FURTHER MUTUALLY AGREED THAT. <br />1. Until the Obligations secured hereby shall have been paid in full, Assignor covenants and agrees to keep ►eased <br />i at ■good and sufficient rental the Promisee and upon demand to transfer and assign to the Assignee any and all subaequent <br />I.eaees upon all or any part of such Premises upon the same or substantially the same terns and condition as are herein con- <br />tained, and to make, execute, and deliver to the Assignee, upon demand, any and all instruments that may be necessary ordestr <br />able therefore, but the terms, and provisions of this Assignment shall apply to any such subsequent Lease or Leases whether o, <br />not eo assigned and transferred <br />2 Assignor shall, upon request of Assignee, furnish it • complete list as of the date of the request of all Leases and <br />other tenancies of the Premises in such reasonable detail as may be requested by Assignee. Further, if requested, Assignor <br />shall deliver to Assignee exscated or ontified copies of all I.eaess and other written etfreements, correspondence, and memo- <br />rands between Assignor and Lessees and other t..; Rats setting forth the contractual arrangements between them. Such <br />"quests may be made at any reasonable time. g <br />3 The failure to list any specific Le, der Schedule B hereto, shall not invalidate or affect in any manner, the <br />General assignment of rent@ and leases provna, taein. <br />i. Upon the payment in full of all Oblis,,,,,.ns secured hereby, as evidenced by the recording or filing of an Instru <br />ment of satisfaction or full release of said mortgage or deed of trust, unless there shall have been recorded another mortgage or <br />deed of trust in favor of the Assignee covering the whole or any part of the leased Premses, this Assignment shall become null <br />and void and of no effect, q}� <br />"1, -___j <br />