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<br />84 - 005450 <br /> <br />r- <br />I <br />, <br /> <br />not to waive, excuse, condone or in any manner release or <br />discharge the tenants thereunder of or from the obligations, <br />covenants, conditions and agreements by such tenants to be <br />performed, including the obligation to pay the rental called for <br />thereunder in the manner and at the place and time specified <br />therein; and not to terminate the Project Leases or accept a <br />surrender thereof except by reason of the expiration of the <br />stated terms of the Project Leases. <br /> <br />2. Riqht to Assign. The Issuer represents and <br />warrants that it is now and will be the absolute Owner of the <br />Project Leases and the Rents with full right and title to assign <br />the same; that there is no outstanding assignment or pledqeof <br />the Project Leases or of the Rents; that no Rents have been <br />waived, anticipated, discounted, compromised or released, except <br />as may be permitted by the Project Le~ses; and that the tenants <br />have no defenses, set-offs or counterclaims against the Issuer. <br /> <br />3. Present Assignment of Rents. This Assignment of <br />Rents shall constitute an actual and present assignment, and the <br />Issuer hereby irrevocably directs that all rents be paid to the <br />Bondholder pursuant to Section 4.02 of the Lease. <br /> <br />4. Remedies. Upon <br />occurrence of an Event of Dafil1.1J t-_ <br />Mortgage, the Bondholder may, ' <br /> <br />~r at any time after the <br />1S that ~erm is defined in the <br />~ts opt1on, without notice: <br /> <br />(a) In the name, place and stead of the Issuer <br />(i) enter upon, manage and operate the Project or retain the <br />services of an independent contractor to manage and operate the <br />same, (ii) make, enforce, modify and accept' !';urrender of the <br />Project Leases, (iii) obtain or evict tenants, collect, sue for, <br />fix or modify rentals and enforce all rights of the Issuer under <br />the Project Leases, and (iv) perform any and all other acts that <br />may be necessary or proper to protect the security of this <br />Assignment of Rents; or <br /> <br />(b) Apply for, and the Issuer hereby consents to, <br />the appointment of a receiver of the Project in accordance with <br />the requirements of law, whether or not proceedings for the <br />foreclosure of the Mortgage have been commenced, and if such <br />proceedings have been commenced, whether or not a foreclosure <br />sale has occurred. <br /> <br />The exercise of any of the foreqoinq riqhts or remedies <br />shall not cure or waive any default und-er the Mortgage or the <br />Bond, or invalidate any act done by virtue of such default. <br /> <br />5. Application of Rents. All Rents collected by the <br />Bondholder, or by a receiver, shall be held and applied in the <br />following order: <br /> <br />-3- <br /> <br />L <br /> <br />'-- <br /> <br />L <br /> <br />-.J <br /> <br />I <br />L <br />