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201001991
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Last modified
3/29/2010 11:34:15 AM
Creation date
3/29/2010 11:27:06 AM
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DEEDS
Inst Number
201001991
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201001991 <br />(b) That it shall not cancel, terminate or consent to any surrender the Lease <br />without Lender's prior written consent, which consent may be given or withheld in the sole <br />discretion of Lender; <br />(c) That it shall not sublease any part of the Property or renew or extend the <br />term of the Lease (other than; (i) subsequent lease agreements by and between the parties to the <br />Lease attached; and/or (ii) an extension or renewal pursuant to an option originally granted under <br />the Leases) without the prior written consent of Lender, which consent may be given or <br />withheld in the sole and absolute discretion of Lender, and that Assignor shall not modify, alter, <br />amend or otherwise change the Lease in any material respect; <br />(d) With respect to Lease or Contracts, to (i) perform each of its obligations <br />under such Lease and Contracts, at its sale cost and expense; (ii) enforce or secure the <br />performance of each material obligation under such Lease and Contracts to be performed by <br />landlord under the Lease and each other party under such Contracts at Assignor's sole cost and <br />expense; (iii) not waive or release the landlord of or from its obligations under the Lease or any <br />party of or from its obligations under such Contracts; <br />(e) To defend at Assignor's sole cost and expense any action or proceeding in <br />any manner connected with the Lease, the Contracts and the obligations due under the Lease and <br />Contracts, and to pay all reasonable costs and expenses of Lender actually incurred, including <br />reasonable attorneys' fees, in any such action in which Lender may appear; <br />(f) To give prompt notice to Lender of any material default of the landlord <br />under the Lease and any other party under the Contracts, and of any notice of default on the part <br />of Assignor received with respect to the Lease or Contracts, together with an accurate and <br />complete copy thereof. <br />(g) To pay immediately to Lender upon written demand all sums expended by <br />Lender under the authority hereof, including reasonably incurred attorneys' fees, together with <br />interest thereon at the default rate provided in the Note from the date Assignor receives such <br />written demand, and such sums shall be added to Assignor's indebtedness to Lender and shall be <br />secured by the Loan Documents; and <br />(h) If Assignor fails to do any act as herein provided or any act required by <br />any of the Loan Documents, then Lender may upon written notice to Assignor, but without <br />obligation to do so, and without releasing Assignor from any obligation hereof, take action in <br />such manner and to such extent as Lender may deem necessary to protect the security described <br />herein and Assignor hereby conveys to Lender a special power of attorney to take any such action <br />in Assignor's name. These actions include specifically, without limiting Lender's general <br />powers, the defense of any action purporting to affect the security described herein or the rights <br />or powers of Lender, and also the performance of each obligation of Assignor set forth in the <br />Lease and Contracts. In exercising such powers, Lender may employ attorneys and other agents, <br />3 <br />
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