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201007999
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Last modified
1/11/2011 2:17:00 PM
Creation date
10/29/2010 8:53:42 AM
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DEEDS
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201007999
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2oioo��9s <br />continuance af any Default, whether or not legal proceedings have commenced and without <br />regard to waste, adequacy of security for the Obligations or solvency of the Mortgagor, the <br />license granted in tk�e immediately preceding sentence shall automatically cease and terminate <br />upon the giving of written notice to Mortgagor by the Administrative Agent of such termination. <br />Section 3.2. Effectuatin Pa ent of Rents to Administrative A ent. Independent of the <br />foregoing provisions and authorities herein granted, Mortgagor agre�s to execute and deliver an�r <br />and all instruments that may be requested by Administrative Agent or that may be required by <br />any payor of Rents for the purpose of effectuating payment of the Rents to Administrative Agent. <br />If under any existing agreements, any Rents are required to be paid by the payor to Mortgagor sa <br />that under such existing agreements payment cannot be made of such Rents to Administrative <br />Agent, Mortgagor's interest in all Rents under such agreements and in all other Rents which far <br />any reason may be paid to Mortgagor shall, when received by Mortgagor, after the termination of <br />the Mortgagor's license as described in Section 3.1, above, constitute trust funds in Mortgagor's <br />hands and shall be immediately paid over to Administrative Agent. Without limitation upon any <br />of the foregoing, Mortgagor hereby constitutes and appoints Administrative Agent as <br />Martgagor's special attorney-in-fact (with fu11 power of substitution, either generally ar for such <br />periods or purposes as Administrative Agent may from time to time prescribe) in the name, place <br />and stead af Mortgagor to do any and every act and exercise any and every power tl�at <br />Mortgagor rnight or could do or exercise personally with respect to all Rents (the same having <br />been assigned by Mortgagor to Administrative Agent pursuant to Sectioza 3.1 hereo�. The <br />foregoing appointment includes, without limitatian, the rigl�t, povver and authority, during the <br />continuance of a Det`ault, to: <br />(a) Execute and deliver in the name of Mortgagor any and all instruments of every <br />nature that may be requested or required by any party for the purposes of effectuating payment of <br />the Rents to Administrative A�ent or which Administrative Agent may otherwise deem <br />necessary ar appz'opriate to effect the intent and purposes of the assignment contained in Sectian <br />3.1; and <br />(b) If under any agreements any Rents are r�quired to be paid by the payor tn <br />Mortgagor so that under such existing agreemetits payment cannot be made of such Rents to <br />Administrative Agent, to make, execute and �nter into such agreements as are necessary to direct <br />Rents to be payable to Administrative Agent. <br />Administrative Agent, as attorney-in-fact, is further h�reby given and granted full power and <br />authority to da and perform any and every act and thing whatsoever necessary at�.d requisite to be <br />done as fully and to a11 intents and purposes, as Mortgagor might or could do if personally <br />preserit; and Mortgagor shall be bound thereby as fully and effectively as if Mortgagor had <br />personally executed, acknowledged and delivered any of the foregoing certificates or documents. <br />The powers and authorities herein conferred upon Administrative Agent may be exercised by <br />Administrative Agent through any person who, at the time of the execution of the particular <br />instrument, is an officer of Administrative Agent. The power of attorney herein conferred is <br />granted for valuable consideration and hence is coupled with an interest and is irrevocable so <br />long as the secured indebtedness, or any part thereof, shall remain unpaid. All persons dealing <br />with Administrative Agent or any substitute shall be fully protected in treating the powers and <br />authoriti�s conferred by this paragraph as continuing in full force and effect until advised by <br />27 <br />
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