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$~-~-t~u584? <br />corporation has any right, title or interest therein; that <br />Assignor has duly and punctually performed ali and singular the <br />terms, covenants, conditions and warranties of the identified <br />lease(s1 on Assignor's part to be kept, observed and performed; <br />that the identified leases} is (are} valid and unmodified except <br />as indicated herein and i_n full force and effect. <br />2. That Assignor covenants and agrees as follows: To <br />observe, perform and discharge, duly and punctually, all and <br />singular the obligations, terms, covenants, conditions and <br />warranties of the said Term Loan Note and Security agreement, of <br />the identified lease (s) and of all future leases, on the part of <br />the Assignor to be kept, observed and performed, and to give <br />prompt notice to Assignee of any failure on part of Assignor to <br />observe, perform and discharge same. <br />3. That in the event any representation or warranty herein <br />of Assignor shall be found ,to be ur.~:rue or Assignor shall default <br />in the observance or performance of any obligation, term, <br />covenant, condir;on or warranty herein, then, in each such <br />instance, the same shall constitute and be deemed to be a default <br />under the said Term Loan Note an3 Security Agreement thereby <br />entitling Assignee to declare all sums secured thereby and hereby <br />immediately due and payable and to exercise any and all of the <br />rights and remedies provided thereunder and hereunder as well as <br />by law. <br />4. That the failure of the Assignee to avail itself of any <br />of the terms, covenants and conditions of this Assignment for any <br />period of time or at any time or times, shall not be construed or <br />deemed to be a waiver of any such right, and nothing herein <br />contained, nor anything done or omitted to be done by Assignee <br />pursuant hereto shall be deemed a waiver by Assignee of any of its <br />rights and remedies under said Term Loan Note and Security <br />Agreement, or under the laws of the state in which the said <br />premises are situate. 'lfie right of the Assignee to collect the <br />said indebtedness and to enforce cry other security therefor may <br />be exercised by Assignee, either prior to, simultaneously with, or <br />subsequent to any action taken hereunder. <br />S. gnat upon payment in full of all the indebtedness secured <br />by said Term Loan Note, i:his Assignment shall become and be void <br />and of no effect, but the affidavit, certificate, letter or <br />statement of any officer of Assignee showing any part of said <br />indebtedness to remain unpaid shall be and constitute conclusive <br />evidence of the validity, effectiveness and continuing force of <br />this Assignment, and any person, firm or corporation, may and is <br />hereby authorized to rely thereon. <br />6. That all notices, demands or documents of any kind which <br />Assignee may be required or may desire to serve upon Assignor <br />hereunder shall be sufficiently served by delivering same to <br />- 2 - <br />l~ <br />J <br />t~ <br />