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201001992 <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 Documents 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, ar <br />otherwise further encumber or assign the Rents, Leases or the Contracts without the prior written <br />consent of Lender, which consent may be given or withheld in the sole discretion of Lender; <br />(b) That it shall not cancel, terminate or consent to any surrender of any of the <br />Leases, nor commence any action or any summary proceedings far dispossession of any of the <br />Tenants under any of the Leases, nor exercise any right of repossession of the Property provided <br />in any of the Leases without Lender's prior written consent, which consent may be given or <br />withheld in the sole discretion of Lender; <br />(c) That it shall not lease any part of the Property or renew or extend the term <br />of any of the Leases (other than: (i) subsequent lease agreements by and between the parties to <br />the Lease attached; and/ar (ii) an extension or renewal pursuant to an option originally granted <br />under 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 any Lease in any material respect (e.g. the Tenant, the space leased, <br />the rent, or the other payment or maintenance terms, the lease term, the assignability, or any of <br />the obligations or the liability of Landlord); <br />(d) With respect to Leases or Contracts, to (i) perform each of its obligations <br />under such Leases and Contracts, at its sole cost and expense; (ii) enforce or secure the <br />performance of each material obligation under such Leases and Contracts to be performed by <br />each Tenant under such Leases and each other party under such Contracts at Assignor's sole cost <br />and expense; (iii) not accept more than one month's advance payment of the Rents under such <br />Leases; and (iv) not waive or release any Tenant of or from its obligations under such Leases or <br />any 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 Rents, the Leases, the Contracts and the obligations sums due <br />under the Leases and Contracts, and to pay all reasonable costs and expenses of Lender actually <br />incurred, including reasonable attorneys' fees, in any such action in which Lender may appear; <br />3 <br />