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Home My WebLink About1349 ~..~v~v 1 ti - . ASSIGNMENT OF LESSOR'S INT~REST IN LEASE TIiIS ASSIGN11iENT, macle this _..30th.--... day of ------May.------.-.----. ~ 1~_72.. U~. FORT._PIER~E_.~Q~1~~I~U~~IQ~I..CORPI?RAT~QN.,.._~~yi,ng...an..of.~~.~e...~lo...Mx.....He~mu.X _~iewer_~-~---4Q.~~---NQ~~h...~.~.7.th__.SCx_~ez-~--Bxaokfie~d~-----------------~~xx'taekm~c~x~u 0~8~_.1ei1.SC_ansin._5.3A05---------------------------•-------------...._..-----------------.. . (herein ~~ti~ `.~~~~~~yistion to FIRST._WISCONSIN_. NATIONAL__BANK._OF_ MILWAUKEE,__ a.__national_, organized and existing under the la~rs of the $l~t~uOcUtZited_.SLBte.s.-.. having its principal oflice ~t 743_.Noxtb.__Wa.ter_ .S.tr.eet.,_.Mil~aaukee.,__.Wisronsin_.5320~._.. (herein called "Assignee"). WITNESSETti : FOR VALUE RF,CE1~'ED, Assignor hereb~~ grants. transfers, t~nd assigns to lhe Assignee all of the right, title and interest of Assignor in and to that certain Lease or those certain Leases. with modifica- tions, if any, described in Schedule A hereof~ covering premises in Fort_ Pierce St. Lucie ~ - - - Florida TOGETHER \~'1TH ANY AND ALL EYTENSIOr'S AND RE- Cow~t3/, tatArof - t0 ti'EVVA ~F ANY THEREOF AND ALSO TOGETHER W1TH ANl' AND ALL GUARANTEES Or THE LES~EE'S OBL1GATlONS UNDER ANY THEREOF AND UNDER ANI' AND ALL EXTEN- 5101'S AND RENE~tiALS OF ANY TI-iEREOF. Fach of said Leases together ~vith any and all gu~r- antees, modifications, extensions, and rene~~•als thereof is hereinafter referred to as the "Lease". FOR THE PURPOSE OF SECURING : ~ ONE: Payment of all sums no~~ or at any time hereafter due to tlie Assignee and securecl by a certain mortgage or deed of trust m~de b~ the Assiguor to the Assignee dateci _.___May___30_ 19._72.. and recordeci or to t~e recorded at or prior to the recording of this Assignment, or ans• other mortgage or deed of trust hereafter co~-ering the ~~•hole or any part of the leased premises; and TWO: Yerformance and discharge of each and e~~ery obligation, covenant and agreement of As- _ signor contained herein or in any stich mortgage or deed of trust or any note or bond secured thereby. A. TO PftOTECT THE SECURITY OF THIS ASSIGNMENT ASSIGNOR AGREES~ ~YITH RESPECT TO EACH LEASE: 1. To faithfully abide by, perform and disrharge each and e~•er~• obligation, co~~enant and dgree- ment of the Lease by Lessor to be performeci, to gi~-e pron~pt notire to the Assignee of an~• notice of de- fault on the part of Assignor ~~•ith respect to the Lease recei~•ed from l.essee or gu<irantor, toKether ~~-ith ~~n accurate and con~plete copy of ant such notice ; at the sole cost and e~pense of :~ssignoi•, ta enforce, short of termination of the lease, or secure the performance of each <<nd e~-er~- obligation, co~•en.~nt, condition and agreeme~it of the Lease b~ the Lessee to be perfoi•meci ; not to modif~~ or i~i an~~ ~~-a~• alter the terms of the lease; not to terminate the term of the Lease and not to accept a surreuder thereof unles.G . ; re~~uireci to do so b~• the terms of the Lease ; not to auticipate the rents thereunder, or to ~raire, e~cuse, _ ~ condone or in an~• mauner release or discharge the Lessee thereunder of or from the obligations, co~-en- ; ants, conditions and agreements b~r the Lessee to be performed, including the obligation to pa~• the rental _ ~ called for thei•eundei• in the manner and at the place and tin~e specifieci thei•eiu, and Assiaiior does b~- these presents e~pressl~- release. relinqr.ish and sui•re~uier wrto the Assignee all Assigno~'s right, po~rer ~ and authority to moclify or in any ~~~a~~ alter the terms or pro~•isions of the Lease, or to tern~inate the term E or accept a surrender thereof, and an~• attempt on the part of Assignor to esercise an~ such riKht ~~~ithout ~ the ritten authority and consent of the Assignee thereto being first had and obtained shall constitute f a breach of the terms hereof entitliug the Assignee to declai•e all sunis secured hereb3• immediately due and Uayable. 2. At Assignor's sole cost and expense to appear in and defend any action or prceeeding arising under, growing out of or in any manner connected ith 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 ~rhich the Assignee 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 specificaliy; without limiting its general powers, the right to appear in and defend any action or prceeeding purporting to affect the ~ security hereof or the rights or po~+ers of the Assignee. and also the right to perform and discharge each ~ and every obligation, covenant and agreement of Lessor in the Lease contained; and in exercising any such powers to pay necessary costs and expenses~ employcounse~ and incur and pay re~4onabie attorney's ~ f~- ~ 1. T~? Pa~- i?z~mediatel~• upon ~lem.u~d all ~u~~l~ ~~xp~~nd.Ki 1~~• the :~ssi~,?nc~~ under th~ ai~thorit~- h~~r~w~i , ~ t~~~:eth~~~• ~~-it}~ int~~r~~~t th~~reon ~~t six (fi'~ ) p~~r cei~t per .innum. a~i~l tht~ .~im~~ ~hall hE~ :id~lyd t~? the .ai~i ~ indc~l~t~~cinE:~...u~d ,halt lx~ cE~ciu•ed hereb~• :;nci l~~• the said m~~rt~*a~;e ur deE~c1 of tri~st. ~ 5. That Assignor will not transfer or convey to the Lessee the fee title to the demised premises ~ unless the Les.~ee 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 hereby covenants and ~arranta to the Assignee that (a) Assignor has not executed ~ any prior Assignment of the Lease or of ita right, title and interest therein or the rentals to accrue there- ~ under; (b) A.ssignor has not performed any act or executed any instrument which might prevent the ~ Assignee from operating under any of the terms andconditions hereof, or v~hich would limit the Assignee ~ in such operation; (c) Assignor has not accepted rent under the Lease for any period subsequent to the : ` current period for which rent has already become dueand payable; (d) there is no default no~c existing ~ under the Lease, and (e) Assignor has not executedor granted any modification or amendment whate~er of the Lease either orally or in writing except as set forth in Schedule A, and that the Lease is in fuil m force and effect. ~ 0 ~ ~~`3 1~349 ~ - . ~ ~ ~ . ~ . ~