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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 />