l
<br />3
<br />ti. Assignor hereby covenants and warrants to the Assignee that (at Assignor ho-am n ,t ..h € -, tited army pricer misign
<br />meat of the Lease or of its right, title and Intervot therein or the rentals to accrue thereunder, (bi Asesigoor has not performed
<br />any act or executed any instrument which might prevent the 14ssigrsee from operating under a n v Of the tern I find conditions
<br />hereof, or which would limit the Assignee in such operation: (C) Assignor has n ot ace€+pted rent under the least for any period
<br />subsequent to the current jwnorl for which rent haw already become due and payah)rr.; (di there is no defnult now existing under
<br />the lase, and (eh Assignor has not executed or granted any modification or amentlmer,t achata >veruf tlae Lease either o: gaily or
<br />in writting except as act forth in - hedule B, and that the Lease is in full force and effect.
<br />B. IT IS MUTUALLY AGREED WITH RESPECT TO EACH LFASE THAT:
<br />t. Assignee hereby grants permission to Assignor to collect, upon, but not prior to accrual, al rent,, issues, deposits
<br />and profits from the said Premises and to retain, and use and enjoy the name, but reserves the right to 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 prescri bed
<br />for sending notices. In any event, such permission to AAsignur shall lxt autorrca €.icily 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, tall 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 atite 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. ir shall hereinafter
<br />become due, and Assignee may collect the same. The affidavit or written statement of an officer, agent, or attorney of Assignee
<br />stating that there has been a Default shall 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 Assigned. all security deposits or other monies deposited by I"sees of the Premises in
<br />accordance with the provisions of the Leases.
<br />2. Notwithstanding the provisions of paragraph 1 herein above, upon or Lit any tittle after a Default, as defined here -
<br />inabove, the Assignee, at its option, may declare all Obligations secureci hereby immediately due and payable, and may, at its
<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 Trustee thereunder, exercise all rights and remedies contained in said mortgage
<br />or deed of trust and without regard for the adequacy of security for the Obligations hereby secured, either in person or by agent
<br />with or without bringing any action or proceeding, or by it 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 Premises, in its own name, sue for or otherwise collect and receive all rents, issues and
<br />profits, including those past due and unpaid, and apply the same, less cost and expenses of operation and collection, including,
<br />but not limited to, payments for wages and payroll taxes, compensation of managing agent and other management costs and
<br />expenses, real estate taxes and assessments, water, sewer, and similar charges, insurance and workmen's compensation
<br />premiums, ground rents, customary real estate commission, and reasonable attorney's fees and court costs, upon, any Obliga-
<br />tions secured hereby, and in such order as the Assignee may determine. The entering upon and taking possession of the Prem-
<br />ises, the collection of such rents, issues and profits and the application thereof as 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 act done pursuant to such
<br />notice; Assignor hereby releases any and all claims which it has or might leave 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 Assignee shalt not -w obligatzed 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 />fe
<br />agree to indemnify the Assignee against and hold it harmless om any and all liability, loss or damage which it may or might
<br />incur 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 I -lase; should the Assignee incur any such liability, loss 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 costa, expenses and reasonable attorney's fees, together with interest thereon at the highestrate set
<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 de the Assignee may
<br />declare all Obligations secured hereby immediately due and payable.
<br />C. IT IS FUR'T'HER MUTUALLY AGREED THAT:
<br />HAT:
<br />1. Until the Obligations secured hereby shall have been paid in full, Assignor covenants and agrees to keep leased
<br />at a gonad and sufficient rental the Premises and upon demand to transfer and assign to the Assignee any and all subsequent
<br />Leases upon a] I or any part of such Premises upon the some or esabstantial!y the same terms and conditions as are herein cost
<br />t ained, and toinake. execute, . ,in d deliver totheA ssignri�, upondeman fl, anyandsillinstrumentsth Lit, maybier .eore,sarY ordesir
<br />able therefore, but the terms and provisions of this Assignment shall apply to any such subsequent [.,ease or Leases whether or
<br />not so assigned and transferred.
<br />2. Assignor shall, upon request of Assignee, furniwh it a complete li,,t as of the date of the request of all Leaasear and
<br />Other tenancies of the Premises in such reasonable detail as may be requested by Assignee. Further. if re=quested, Assignor
<br />vhall deliver to Assignee executed or certified col.eies of ail 1* ases and other written agn- o,me.nts, correspondence, rind tnemo-
<br />randa between Assignor and Lessees and other tenants setting fourth the cuntreacutol ctrrangtmentsa betwven their. Such
<br />recgue.I.Sts may be made at any reasonable tithe.
<br />S. "f he failure ur list retry specific [,eases on tier SChfqlule B hereto, 41:e811 nut aeava ''ate or atfee't it, os;y ioar:ner, thv
<br />general assignment Of rents and leases provided for her-On,
<br />1. I_lpean the piv, merit m u.l ,,fail ( ibligntla,nv seo:urvd t.ere h i,v I he r,,, 1,re4w "r t 111ng id :ill 'm tnt
<br />sa°ont!ef Matisfacrtisr; ur full releume if said mort.grsgee ar deed e,f trust, ur:3exvas there Mall heave he.,u t �c,t <., =„theca n)o±+}„Ng,�
<br />deed of trust m fa vijr, f the Anaigiiz, t vr'srar4 this +`?ale rr ta:,ti pwi 4 ti e ,e vxcai s ,<, a re ,.. .�eae,f �rownt Ai ,a,i ?,c',eIII, ;,r
<br />iris i,r, a anci of
<br />
|