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201001992 (~ To give prompt notice to Lender of any material default of any Tenant under any of the Leases and any other party under the Contracts, and of any notice of default on the part of Assignor received with respect to the Leases or Contracts, tagether with an accurate and complete copy thereof (g) Ta pay immediately to Lender upon written demand all sums expended by Lender under the authority hereof, including reasonably incurred attorneys' fees, together with interest thereon at the default rate provided in the Nate from the date Assignor receives such written demand, and such sums shall be added to Assignor's indebtedness to Lender and shall be secured by the Loan Documents; and (h) if Assignor fails to do any act as herein provided or any act required by any of the Loan Documents, then Lender may upon written notice to Assignor, but without obligation to do so, and without releasing Assignor from any abligation hereof, take action in such manner and to such extent as Lender may deem necessary to protect the security described herein and Assignor hereby conveys to Lender a special power of attorney to take any such action in Assignor's name. These actions include specifically, without limiting Lender's general powers, the defense of any action purporting to affect the security described herein or the rights or powers of Lender, and also the performance of each obligation of Assignor set forth in the Leases and Contracts. In exercising such powers, Lender may employ attorneys and other agents, and pay applicable costs and reasonable attorneys' fees incurred, all of which expenses shall be deemed an advance on behalf of Assignor, payable to Lender on demand and secured by the Loan Documents. 4. Assignor's Representations and Warranties. Assignor represents and warrants to Lender that: (a) Assignor has not executed any prior unreleased assignment of the Leases, the Rents or the Contracts and no other person or entity other than Lender has any right, title or interest therein (except for owners of the equipment leased to Assignor pursuant to any equipment leases which are part of the Contracts) (b) Assignor has not performed any act or executed any instrument which might prevent Lender from operating under any of the terms and conditions of the Leases or Contracts, ox which would limit Lender in such operation; (c) Assignor has not accepted rent from the Tenants for any period subsequent to the current one (1) month period for which rent has already become due and payable; (d) no material default by either the Tenants or Assignor now exists under any of the Leases; (e) no material default by any part now exists under any of the Contracts; (f) Assignor has delivered to Lender true, correct and complete copies of all of the Leases and Contracts requested by Lender, and Assignor has not executed or granted any modification whatever of the Leases or Contracts, and the Leases and Contracts are in full force and effect according to the terms and conditions thereof; (g) Assignor has good right, title and interest in and to the Leases, the Contracts, and the Rents, and Assignar has the right to assign the same subject to any third party approvals necessary to assign the same; (h) Assignor has duly and timely performed all of the terms, covenants, conditions and warranties set forth in the Leases and Contracts which are to be kept, observed and performed by Assignor; and (i) the Leases and Contracts Further include without limitation all equipment leases, service 4