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<br />106920
<br />& Assignor hereby covenants and warrants to the Assignee that (a) Assignor has not executed any prior resign•
<br />ment of the lase or of its right, title and interest therein or the rentals to accrue thereunder, (b) Assignor has not performed
<br />any act or executed any instrument which might prevent the Assignee from operating under any of the terms and conditions
<br />hersK or which would limit the Assignee in such operation; (e) Assignor hoo not accepted rent under the Lease for any period
<br />subeegwnt te the current period for which rent has already become den and payable; (d) then is no default now existing under
<br />the Lases, mad (s) Assignor has not executed or granted any nwditkation or amendment whatever ofthe lease either orally or
<br />in wriWing ezosptas est forth in Schedule S. and thatt1w Lomas is in fail fora and effect.
<br />B. IT 19 MUTUALLY AGREED WITH RESPECT TO EACH LEASE THAT:
<br />1. Assignee hereby grants permission to Assignor to cotlectupon, but not prior to accrual, all rents, issues, deposits
<br />and profits from the said Promises and to retain, and use and ertioy the acme, but reserves the right to revoke such permission
<br />at any time, with or without comes, by notice in writing to Assignor by certified mail sent to the address hereinafter proscribed
<br />for sending notices. In any event, writ permission to Assignor shall be automaticily revoked upon default, by Assignor in the
<br />payment of any of the Obligations smeared hereby or in the performance of any obligation, conversant, agreement herein, in
<br />said nmortgogeor deed of trust, in the Lpse Orin any of the Obligations secured hereby, or in any securing document given in
<br />connection direwith, (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, theA mignes, may mt 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 itsattermommach rents. iswsa, profits, revenues. deposits, rights and benefits w may now bedue or shall hereinafter
<br />become dam, amid Assignee may collect tha me ms. The affidavitor written statementof an officer, agent, or attorney of Assignee
<br />stating thcetherubas been a Defasksholl constitute conclusive evidence thereof, and any teaaiht or other persons is authorized
<br />and dimcted to rely theremL The Assignor fur" agree, that in the event the permission to use and retain the rants. income,
<br />issues, depositaaad profits, should be terminated or aeon the occurance of a Default, to immediately tarn over to Assignee, at
<br />the time and in the manner nquesfed by Assigns, aUsmrnrity deposits or other monies deposited by Lessees of the Promises in
<br />accordance with the provisions of the Lemoss.
<br />2. NotwithstandingtheprovisionsofparagraphIhereinabove,uponoratanytimeafteraDefault,udefinedhere-
<br />inabove, the Assignee, at its option, may declare all Obligations secured hereby immediately due and payable, and may, atits
<br />option, without notice, and if any such Obligations be second by dead of trust irrespective of whether 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 of trust and without regard forthe adequacy of a wmity 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 />managed operetta amid Premiums or any part thereof, make, enforce, modify, and accept the surrender of Leases, obtain and
<br />evict tenants, ft 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 Premiums, in its own name, sue for orotherwise collectAnd receive all rents, issues and
<br />profits, including those past dun and i mpaid,and apply the same, lees cost and expenses of operation and collection, incudinr
<br />but not limited to. payments for wages and payroll taxes. compensation of manogimg agent and other management costa an, .
<br />expenses, real estate taxes and asesssmmrsts. water, sewer, and n mihw charges, insurance and workmen's compensatiet,
<br />premiums. ground routs, customary real estate commission. and reasonable attorney's few and court costs, upon any Oblige
<br />tions sstaero 1 hereby, mid in such ords so the Assign" may determine. The entering upon and taking possession of the Pron:
<br />ism the collection of welt rents, ie m and profits and the application thereaf as aforomaK shall notcan orwaive any default
<br />or waive. modify, or affect notice of default under said mortgage or dud of trust or invalidate any act done pursuant to suck,
<br />notice. Assignor hereby roieaw any and all eaimswhich ithms or might have against Aimigneearisingoutofsuch collection,
<br />management operatics and maintenance, excepting the B&II& itY of Assignee to account for amounts collected and expended
<br />by it
<br />3 The Amaignnse shall mot beobligatsd to perform or discharge. nor doss it hereby undertake to perform or discharge,
<br />any obligation. duty or liability ender the Lease, or under or by reason of this Assignment, Assignor shall and does hereby
<br />agree to indemnify the Aasigehse against and hold it harm lass boo any and all liability, loss or damage which it may or might
<br />incur under the Lanes or der err by aurora of this Assignment and of and from any and all claims and demand whatsoever
<br />which may be asmstnd against it by rose= of any allseW obilptioet or undertaking on its part to perform or in thedischarge
<br />of any of the terns. covenants or ugrsMaenta centmood in the 1•abse; should the Assignee incur any much liability, loss or
<br />damage under the Lease or ends or by common of this Aa Wwwak or in the defese against any such claims or demands, the
<br />amount thereat inducing costa, expsesss and ressem" attorney's tees, together with inter ist thereon at the highest rate met
<br />forth is any of tee Obligaidens sneursi bersby, shall beescursd hereby and by thesaid mortgageor deed of trust, and Assignor
<br />shall reimburse the Ammigmiss 6, immediately immediately upon dsmond, and upon the failare of Assignor so to do the Assignee may
<br />declare all Oblige ions assisted herby immediately des and payable.
<br />C. IT IS FURTHER MUTUALLY AGREED THAT:
<br />1. Until the Obligations secured hereby shall have been paid in full, Assignor covenants and agree to keep leased
<br />at a good and suHlcient rental the Premises and upon demand to transfer and assign to the Assignee any and all subsequent
<br />leases spat all or any part of such Premises upon the same or substantially the same terms and conditions" are herein con-
<br />tained, and to make, execute, and deliver to the Assienss, upon demand, any and all instruments that may be necessary or desir
<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 assigned and trderd.
<br />Z Assignor shall, upon regeestof Assignee, famish it a complete list as of the date of the request of all Leases and
<br />_
<br />I skoC deliver to Assignee asaNed or entitled of all Lsassi d� written wee. Further, if requested. Assignor and memo.
<br />rands, bstwesn Assignor and lesson and other Ants setting forth the contractual arrangements between them. Such
<br />e requests may be made at any reasonable time.
<br />3 7 hetiilure to list any spotiRc Ire, .der Schedule B hereto, shall not invalidate or affect in any manner, the
<br />gad adgnmatt'Of rants and lmasss provia. +,arsia.
<br />4. Upon the payment in full of all Oblisau..ns secured hereby, an evidenced by the recording or filing of an instru•
<br />mist of eatisfmctiat or fell release of said mortgage ordeed oftmK unless there shell have been recorded another mortgageor
<br />dad of trust in favor of the Assignee covering the whole or any part of the leased Promises, this Assignment shall become null
<br />and void and of no effect
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