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201001991
<br />Assignor and CCHA, the same dated September 23, 2009, related to the real property as
<br />described on Exhibit A (the "Property"), attached (the "Lease"), together with all modifications,
<br />extensions, replacements and renewals of the Lease and all of Assignor's right and power to
<br />modify and amend the Leases.
<br />(b) All of Assignor's right, title, interest, and privileges in and to all
<br />equipment leases, service contracts, maintenance contracts, warranties, guarantees, licenses,
<br />permits, certificates, construction contracts and subcontracts and other contracts and agreements,
<br />which now or may in the future pertain to, relate to, affect or be used in connection with, the
<br />Property (hereinafter collectively referred to as the "Contracts"), including without limiting the
<br />generality of the foregoing, the present and continuing right with full power and authority, in its
<br />own name, or otherwise, (i) to make claim for, enforce, perform, collect, receive, and receipt for
<br />any and all rights under such Contracts, (ii) to do any and all things which Assignor is or may
<br />become entitled to do under the Contracts, and (iii) to make all waivers and agreements, give all
<br />notices, consents and releases and other instruments and to do any and all other things
<br />whatsoever which Assignor is or may become entitled to do under the Contracts.
<br />The foregoing assignment, transfer and conveyance of the Lease and Contracts is
<br />intended to be and constitutes a present and absolute assignment, transfer and conveyance by
<br />Assignor to Lender; provided, however, that to the extent any of the Contracts prohibit the
<br />absolute assignment thereof to Lender without the consent of a third party, the foregoing
<br />constitutes merely a collateral assignment of the rights of Assignor under such Contracts.
<br />2. Obligations Secured. This Assignment is given for the purpose of securing:
<br />(a) Payment of all sums, with interest thereon, becoming due and payable to
<br />Lender under the provisions hereof and under the provisions of the Note or the Loan Documents,
<br />and all renewals, modifications, substitutions, changes or extensions thereof;
<br />(b) Payment of any additional sums, with interest thereon, which may
<br />hereafter be loaned by Lender to Assignor, when evidenced by a promissory note or notes
<br />reciting that same are secured by the Loan Documents; and
<br />(c) Performance and observance of each of Assignor's obligations, covenants,
<br />conditions and warranties to Lender contained in the Note, the Loan Dacuments and herein.
<br />3. Covenants. of Assignor. To protect the security of this Assignment, Assignor
<br />covenants and agrees as follows:
<br />(a) That it shall not pledge, transfer, mortgage, grant a security interest in, or
<br />otherwise further encumber or assign the Lease or the Contracts without the prior written consent
<br />of Lender, which consent may be given or withheld in the sole discretion of Lender;
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