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corgiration has any right; title_or interest therein, that 'Assignor has duty and punctually performed all and singular the .terms`; covenants, conditions and warrantesof'thedentifed lease(s) an'Assgnor's part to be kept, observed and perfo'rmed`, that. the identified lease{s} is '(are} valid`and'unmoded except as indicated herein and in Fula. force and` effect:. 2 That Pssignor covenants and agrees. as follows: To observe, perform and discharge:, duly and punctually.,...all and singular the .obligations, terans, covenants. conditions and`.. warranties of the said 'Term Loan 23ote and. Security agreement, o€` the identified-lease {s}'and of all future leases, on the part of the A signor to ~e kept, observed and performed, and to give prompt_notce to Assignee of ang failure-on'part of Assignor to- abserve, perform and discharge same.. 3. That in_ the <event any.. represesatatien or warranty heren_ of Assignor shall. be found to be-untrue. or Assignor shall 'default in the observance or performance. of° any obligation,. erm„ .covenant,: ;condition: or warranty-herein:, then.,-in each such instance, the same shall constitute and be deemed to be a default under the said Terra. Loan Note and Security Agreement thereby entitling Assignee to declare ai:l sums secured thereby and hereby zmmediately due°and payable and to exercise any and'all of the rights and remedies. provided .thereunder and hereunder as well as by lava... 4. That the failure of; the Assignee to avail itself of any of the terms covenants; and'condt.ions of this Assignment-for any period of time or at any. time or times, s2~a11 not kae construed or deemed to be a wager of any.. such. right, and nothing herein contained, nor anything done or omitta~~3 to be done by,Assignee .pursuant hereto shall be deemed a waiver by Assignee of any of its rights and remedies under said Term:Loan Note and Security Agreement, or under the laws of the: state: in which the said premises axe situate., The right of the;ASSignee to collect the said indebtedness<and to enforce any other security.. therefor may he exercised by-.Assignee, either pxior to, simultaneously with, or subsequent to any action taken hereunder.- 5. 'T'hat upon payment in'full. of all the indebtedness secured by said Term Lrsan Note,'this Assignment shall become and be void and of no e£fect;.but the affidavit, certificate, letter or statement of any :officer of Assignee showing any part of said indebtedness to ra>_main unpaid shall. be and constitute conclusive evidence of the validity, effectiveness and continuing force of this Assignment, and any person, firm or corporation, may and is hereby authorized to rely thereon.. 6. That all notices, demands oz documents of any kind which Assignee may be segvired or may desire to serve upon Assignor here~lnder s3aall be sufficiently served by delivering same to 2