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<br />83-= ~Gt~b
<br />accruing, and the receipt of Holder shall be a release of
<br />such Lessee to the extent of all amounts so paid; (c) Rental
<br />so received by Holder shall be applied by Holder, first, to
<br />the expenses, if any, of collection and then in accordance
<br />with Section 3.10; (d) without impairing, its rights hereun-
<br />der, Holder may, at its option, at any time and from time to
<br />time, release to Granter Rental so received by Holder, or any
<br />part thereof; (e) Holder shall not be liable for its failure
<br />to collect, or its failure to exercise diligence in the
<br />collection of, Rental, but shall be accountable only for
<br />Rental that it shall actually receive; (f) this assignment
<br />shall terminate upon the release of this Mortgage, but no
<br />Lessee shall be required to take notice of termination until
<br />a copy of such release shall have bee r_ delivered to such
<br />Lessee. As between Holder and Grantor, and any person claim-
<br />ing through or under Grantor, other than a Lessee who has not
<br />received notice of default pursuant to Section 4.2(b), the
<br />assignment contained in this Section 4.2 is intended to be
<br />absolute, unconditional and presently effective and the
<br />provisions of Subsections 4.2 (a) and 4.2(b} are intended
<br />solely for the benefit of each Lessee and shall never inure
<br />to the benefit of Grantor or any person claiming through or
<br />under Grantor, other than a Lessee who has not received such
<br />notice. It shall never be necessary for Holder to institute
<br />legal proceedings of any kind whatsoever to enforce the
<br />provisions of this Section 4.2.
<br />4.3 Nothing in this Article IV shall ever be construed
<br />as subordinating this Mortgage to any Lease; provided, how-
<br />ever, that any proceeding by Holder to foreclose this tdort-
<br />gage, ar any action by way of its entry into possession after
<br />default, shall not operate to terminate ar.~• Lease which has
<br />been approved ir. writing by Holder, and Holder will not cause
<br />any Lessee under any such approved Lease to be disturbed in
<br />his pcssessicr. and enjoyment of the leased premises so long
<br />as such Lessee shall continue to fully and promptly perform
<br />all of the terms, covenants and provisions of his Lease.
<br />d.4 Grantor, for Grantor and Grantor's successors,
<br />covenants (a} upon request by Holder, to assign to Holder, by
<br />seaarate instrument in form and substance satisfactory to
<br />Holder, ary or all Leases, or the Rental payable thereunder,
<br />including but not limited to, any Lease which is Hots in
<br />existence or which may be executed after the date hereof; (b)
<br />rot to accept from any Lessee, ..^.or permit any Lessee to pay,
<br />Rental for more than one month in advance; (c) to comply with
<br />the terms and provisions cf each ease; (d) not to amend,
<br />modify, extend or renew any Lease; {e) not to assign, trans-
<br />fer, mortgage, cancel or accept surrender of any Lease; if)
<br />not to assign, transfer, pledge or mortgage any Rental; (g)
<br />not to waive, excuse, release or condone any nonperformance
<br />of any covenants by any Lessee; (h) to give to Holder dupli-
<br />cate native of each defaul*_ by each Lessee; (i) to cause each
<br />Lessee to agree (and, each Lessee under each Lease executed
<br />after the date hereof does so agree) to give to Holder writ-
<br />ten notice of each and every default by Grantor under his
<br />Lease and not to exercise any remedies under such Lease
<br />unless Holder fails to cure such default within ten (10)
<br />da,~s, or within such longer period as may be reasonably
<br />necessary if such default cannot be cured within ten (10)
<br />days, after Holder has received such notice; provided that
<br />Holder shall never have any obligation or duty to cure any
<br />sash default; and (j) to obtain and furnish to Holder, upon
<br />request, itemized statements, in such detail as shall be
<br />satisfactory to Bolder, of the annual gross sales of each
<br />Lessee from the premises covered by his Lease.
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