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2oo9oss3i (d) not to modify or amend any of the Leases, or any of the terms thereof, for leased space in excess of 7,000 square feet, either orally or in writing, without the prior written consent of Bank, which consent shall not be unreasonably withheld, conditioned or delayed; (e) simultaneously with receiving or giving of the same, to send to Bank copies of all notices, demands and other communications received or given by Assignor to or from the lessees under any of the Leases or any guarantor thereof; (f) to use due diligence to attempt to rent the Property and keep the same leased and, upon demand, to confirm in writing the transfer and assignment to Bank of any and all subsequent leases upon all or any part of the Property, upon the terms and conditions herein contained, and to make, execute and deliver to Bank upon demand any and all instruments that may be necessary or desirable to evidence such assignment, but the terms and provisions of this Assignment shall apply to any such subsequent leases upon the Property, whether or not such confirmation is given; (g) at Assignor's sole cost and expense, to appear in and defend any action or proceeding arising under, growing out of or in any manner connected with any of the Leases hereby assigned, or the obligations, duties or liabilities of the lessor or lessee thereunder or any guarantor thereof, and to pay all reasonable costs and expenses of Bank, including, without limitation, legal fees and disbursements in a reasonable sum, in any such action or proceeding in which Bank may appear; (h) not to request, consent to, agree to or accept subordination of any of the Leases to any mortgage, deed of trust or other encumbrance, or any other lease, now or hereafter affecting all or any part of the Property, other than the Deed of Trust; (i) not to accept any payment of rent under any of the Leases for any part of the Property more than one (1) month in advance of the period for which such rent is due and payable; and (j) not to make ar execute any other assignment of leases, rents, issues, income or profits from the Property or any part thereof during the term of this Assignment. 3. Representations and Warranties of Assignor. Assignor hereby represents and warrants to Bank that: (a) Assignor has not executed any prior assignment of leases with respect to the Property or any of the Leases, Assignor is entitled to receive rents from the Property and to enjoy all other rights mentioned herein and. Assignor has free right to transfer to Bank such rights, interests, powers and authorities as are herein granted or conferred; (b) Assignor has not performed any act or executed any instrument that might prevent Bank from exercising or obtaining the benefit of any of the terms and conditions hereof; (c) Assignor has not accepted rent under any of the Leases for any part of the Property more than one (1) month in advance of the current period for which rent has already #1407856 v5 dan