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Home My WebLink About0626 . 2:311t~8 , y ~ ~ ASSIGNMENT OF LESSOR'S INTEREST IN LEASE T1iIS ASSIGNMENT, made this ..30th------- day of _..__..I"~~X-------------------------- 19?2... by FOI;.T..PIFR~E__.CANSTSUCTION---COR~ORATIOH---------------~---~-~---------------....-----------._.--------~--~-~--~-----------._ residinK at or ha~ ing an office at (herein c lled "Assignor")~ toFIRST_. WIS~4NS ~H...I!1~~~ON~...BA~1K._QF _.I~II.WAUKEE,---a...national... ~~~~ci~R dul Y or anized and existing under the la~~•s of the 9tid~e~xUni.ted•.St8t8s-- having its principal oti'ice at 7~3__ North__t~jater__5~~~~~_,...M~.~4+11uk~e,_._I~i~sCtt~ts~.n_. (herein called "Assignee"). WITNESSETH : FOR VALl1E RECEIVED, Assignor hereby grants. transfers. ~nd r;ssigns to the Assi~nee all of the right, title and interest of Assignor in and to that certain Lease or those certain Leases, H ith modifica- tions. if any~ described in Schedule A hereof, co~ering premises in .FoXt_.P~Le7GCe.., _St...I.ucie_._.__ County~. State of .F~Qx_1da_____________ _ TOGETHER 1V11'H ANY AND ALL EXTENSIONS aND RE- NEWALS OF AN~ THEREOF AND ALSO TOGETHER W1TH ANY AND ALL GUARAI~'TEES OF THE LESSEE'S OBLICATIONS UNDEIt AN~' THEREOF AND UNDER ANY AND ALL EXTEN- SIONS AND RENEIVAI.S OF ANY THEREOF. F.ach of said Leases together ~~•ith any and all guar- ~ antees, modifications, extensions, and rene~~•als thereof is hereinafter referred to as the "Lease". FOR TI~E PL'RPOSE OF SECURING: ONE: Payment of all sums no~~• or at any time hereafter due to the Assignee and secureci b~~ a certain mortgage or deed of ti•ust made by the Assig~ior to the Assignee dated _._..__.__I"~y.__34_.___..___________________ 19...7_2_, and i•ecordeci or to be recoi•ded at or pz•ior to the recording ~ of this Assignment, or any other mo1-tgage or deed of trust hereafter co~•ering the ~~~hole or a»y part of the leased premises; and f TWO: Yerformance and discharge of each and every obligation, covenant and agreement of As- signor contained herein or in any such mortgage or deed of trust or any note or bond secured thereby. A. TO PBOTECT THE SECURITY OF THIS ASSIGNMENT ASSIGNOR AGBEES, ~VITH RESPECT TO EACH LEASE: 2. To faithfully abide b~~, perform ancl dischar~e each and e~•er,r obligatio», co~~en~int and ~igree- ment of the Lease b,y Lessor to be performed, to Ki~~e prompt natice to the A~signee of an~• notiec~ of cle- ' fault on the part of Assignor ~~•ityi i•espect to the l.t~ase recei~-ed from Lessee or gu~u•antor, tc~gether ~~~itii an accurate and con~plete cop~- of any such notice: at the sole eost and expense c~f ~ssig~~oi•, to enfa•re, short of termination of the lease, or secare the pc~rformance of each v~d e~•er~• obligation. ru~•enant. co~~dition and agreement of the Lease b~- the Lessee to be performed ; not to modif~- or in an}• ~~-a~- alter the terms of the lexse; not to terminate the term of the Lease and not to accept a surrender thereof imless ree~uired to do so b~' the terms of the Lease: »ot to anticip~ite the ~•ents tliereunder, or to ~~•aire, excuse, - c~ndone or in an~• manner rele~ise or discharge tlie Le~~ee thert~under of or fram the~ obligations, co~•en- ~ints, eonclitions and agi•eements b~• the Lessee to t~e pei•formed, i~icluding the obligation to pa~~ tiie rentxl cxlled for thereunder in the manner and at the pl~ce and tim~~ specifiecl therein, and Assignor dces b~- the.c~ presents expressl~• release, relinq~.ish and sin•render unto the Assignee all Assignor's right, po~rer and .iuthoritt~ to modify ot• iii atiy ~~•a~• alter the tei•ms or pru~~isinns of the Lease, or to tei•minate the term or ;~ccept a surrender thereof, and a»~~ ~ttempt un the part of ~ssi~nor to exercise an~• such riKht ~~~ithout the ~critten authorit~ and consent of the Assignee thereto being first h~d and obtained shall constitute a bi•each of the terms hereof entitiing the ~ssignee to d~~rlai•e ali sutns secui•ed hereby imn~ediatel~~ due and ~ayable. ~ 2. At Assignor's sole cost and expense to appear in and defend any action or prceeeding arising under, groK~ing out of or in any manner connected ~vith the I.ease or the obligations, duties or liabilities of Lessor, Lessee or guarantor thereunder~ and to pay all costs and expenses of the Assignee~ including ~ attorney's fees in a reasonable sum, in any such action or prceeeding in «•hich the Assign~e may a~pear. ; 3. That should Assignor fail to make any payment or to do any act as herein provided, then the ~ Assignee, but without obligation so to do and without notice to or demand on Assignor, and ~vithout re- leasing Assignor from any obligation hereof, may make or do the same in such manner and to such extent as the Assignee may deem necessary to protect the security hereof, including specifically, without limiting its general powers, the right to appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of the Assig?nee, and also the right to perform and di~charge each ~ and every obligation, co~~enant and agreement of Lessor in the Lease contained; and in exercising any such poK•ers to pay necessary costs and expenses, employcounsel and incur and pay reasonable attorney's fees. L 7'~? l?a~- in~m~~ciiatel}- tipon ~lemand xll su~i~s ~~~~it~nd~~d 1~~- the iKn~~t~ t~nd~~r th~~ autl~urit~- h~~r~~~f. t~~~,~t~thei• ith i?itrr~~.t thrr~x?n at six (li': ) per r~~~;t pe~• a~~a~tun. ancl th~> >am~• :hall 1i~~ adcled t~? tfu~ .,?i~i indrbtt~ciness ancl ~h:ill I~c .er~n•~~ci hercf~r .ind h~• the .aic~ m~,rt~,•.t~,~c= ur deed uf ti•ust. - 5. That Assignor will not transfer or convey to the Lessee the fee title to the demised premises unless the Lessee assumes in writing and agrees to pay the debt secured hereby in accordance with ~he ' terms, covenants and conditions of the said note or bond secured by said mortgage or deed of trus~ ~ 6. Assignor heret~y covertants and K•arrants to the Assignee that (a) Assignor has not executed ; any prior Asaignment of the Lease or of its right, title and interest therein or the rentals to accrue there- , under; (b) Assignor has not performed any act or executed any instrument which might prevent the - Asaignee from operating under any of the terms andconditions hereof, or v?hich would timit the Aasignee = in such operation; (c) Assignor has not accepted rent under the I.ease for any period subsequent to the ; current period for which rent has already become due and payable; (d) there is no default now existing under the Lease, and (e) Assignor has not executedor granted any modificatioi? or amendment whatever of the Lease either orally or in w riting except as set forth in Schedule A, and that the Lease is in full force and effec~ ~ S ~~~13 ~ ~ - . . _ -