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20100199ti
<br />all modifications, extensions, replacements and renewals of the Leases and all guarantees of and
<br />security for the obligations of any and all tenants, including without limitation, RGC
<br />(collectively, "Tenants") under the Leases, and all of Assignor's right and power to modify and
<br />amend the Leases.
<br />(b) All of Assignor's right, title and interest in and to, and all of Assignor's
<br />right to collect and receive, all of the rents, income, and profits now due ar which may became
<br />due or to which Assignor may now or hereafter become entitled or which Assignor may make
<br />demand ar claim for, arising or issuing from or out of the Leases or from or out of the Property or
<br />any part thereof, including, but not limited to, minimum rents, additional rents, percentage rents,
<br />parking or common area maintenance contributions, tax and insurance contributions, deficiency
<br />rents and liquidated damages following default under any of the Leases, all proceeds payable
<br />under any policy of insurance covering loss of rents resulting from untenantability caused by
<br />destruction or damage to the Property, any and all rights and claims of any kind which Assignor
<br />may have against any of the Tenants under the Leases ar any subtenants ox occupants of the
<br />Property, and all security deposits (all such monies, rights and claims described in this
<br />subparagraph (b) are hereinafter referred to as "Rents"). Assignor and Lender hereby agree that
<br />all such Rents are "proceeds, product offspring, rents or profits" as defined in and for purposes of
<br />§ 552(b) of the United States Bankruptcy Code, as amended.
<br />(c) 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 ta, 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 />became 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 became entitled to do under the Contracts.
<br />The foregoing assignment, transfer and conveyance of the Leases, Rents 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. Obli ations 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;
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