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HomeMy WebLinkAbout0105 • ~.:i a~ 3L ti ~ t-sss~ • ~ i L. The undersigned hereby agree that Continental may perform at the expease of the w:.nersigned ar~y oblfgati~ns of the undersig~ed under the terms and pravisfons of said ..ense iF the andersigned shall fail duly to perform such obligaLions and Continental .~::y agree with Lessee Lo perfor~n ar~y obligations of Lhe undersigaed under said lease ~efo:e Lhe undersigned's failure to perform such obligations shall constitute a de:'ault u:,der said lease, and the cost~of performing such obligetions shall constitute fl~rther :ndebLedness, imcr.ediately peya~le, uncier said mnrta~e and this assignment; 5• The undersigned hereby agree that Continental.shall have the right to collect ::nd receive said rents, issues and profits vhether or not ~ defau~.t exfsts or has occurred ~:nder the terras and provisions of said note end ~~~a~e and shall have the rig:~L to app2y said rents, fssues and pr~fits on payments due unc3er the terms and provi- ~i~ns of said note and ~o~~~„~ " s any such tluids in excess of such ' l•~.yz?ents nue to ConLfnentsl to be remitted, xithout interest, to t~he undersi~ned, provided ~r~t if any default exists wnder the terms and provisions of said note and ~ort~~ge or lease, Continental may use aqy such excess funds to cure the default or apply sacne to the last maturities of the unpaid principal balance of said note; 6. The undersigned hereby assign to Continental any ati+ard or payment to which the undersigned may be ent:tled by reason of the appropriation or taking of all or part of ~aid ~remises by condemnation or eminent dodnain, and the undersigned hereby authorize and~ e:r.power Continental and hereby irrevocably appeint Continental their lavflxl attorney in their n~mes and stead to ask, demand, sue for, and receive all such payments and avards and to apply same to the last maturities of the unpciid principal balance of said aote; 7. Tne undersigned hereby s,gree that ar~y action tsken hereunder by C~ntinental shall not in any way prevent or stop Continental fraa institutin~,t foreclosure proceedings or taking other action to vhich_Continental shall be entitled under the terms and provisions of saicl note and ~o~~~e ; 8. Upon :ull discharge of all obligations under said note and no ~~e ~his assignment shall be released and terminated, prQVided that rentals paid by Lessee to Continental prior to notificstion in ~+riting by Continental to discontinue said payments t~ Continental shall, so far as I,essee is concerned, be considered payments to undersigneds i~•respectiv~ ~f vhether or not said indebtedness sbove referred to has been ciiscbsarged. 9. The undersigned covenant and agree th~t they xill not make any amendment to ::e lease ~r accept any prepayment of rent and `+ill not consent to the termination of the ~ease prior to tY.e end of the tercn thereof, and the undersigned hereby relinq~ish all • ::uthoriLy to do so without the prior Kritten consent of Continental. '~he undersigne•3 :ereby represent that there has been no prepayment of rents, issues, o: profits, that tnere exists no default under the terms of said lease, t2iat no other assigruaent of said lease is in ef:ect, and tha~ said lease is not encumbered in any way; _ ; i0. The undersigned hereby agre~s that any action Which Cont.inental is authorized ~r permitLed to take hereunder is permissive and not obligatoryJ and the failure of - C~~ntinental to take any action at any time shall not constitute a~?aiver of the r:ght of Contineatol to take such action subsequently, but any action taken by Continental shall ::e st its. sole option; i - 11: Tr.e unders;gned hereby covenant and agree t~ send to Continental_ copies of ai2 ::ot:ces and corrsnunications sent to or received from Lessee fn regard to the leased premises; 12. The undersigned hereby agree that the assignments and agreements herein con- ~~~ined shall be binding up~n the heirs, executors, administrators, personal represPn+atives, .;uccessors, ~nd assigns of the undersigned and shall inure to Lhe Denefit of, and that the ~er:r. "Continental" as herein used shall include, the successors and assigns of Continental. :nd LhPir neirs, ad~inistrators, executors, personal representatives, successors, and ::ssigns. In h'itness '.~'nereof, the under g.~~ed heve hereunto set their har~ds and seals Lhis _ 3 ~ ~ , Zay of ~St ~~~G~C/5~19~, i,r. . ` . - , . ~ i ~ ~ ' ' C~tADIAN P~TROLEUM, Inc . ' . _ - - _ J • ' ~ ; ~ - ~ ~ ~ - ~ E;ttest : ~ B : / ~ - 6 _ - . , ecretary AOBE.~T NILLIARSOiY, Presiden _ aooK~.~8 ~~E iG5 i ~ ~'s, _ . . ~ _ ~,-,*,~t = r,~- .y a ~ I-g, , M - r : '°~,~z ~ .r ~%~t . ~ _ _ ~ ~ -