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to any of said Contracts. including. but not limited to. eny obligation arising out
of any covenant for completion of construction of the condominium units . or with
respect to any warranty made thereunder.
5. The Borrower represents and warrants that the Borrower shall
duly and punctually perform all and singular of the terms. conditions and cove-
nants of the Constracts on Borrower's part ~ be kept. observed and performed; that
the Borrower has not sold. assigned. transferred. mortgaged. or pledged any
of the Collateral. whether now due or hereafter Lo become due to any person.
firm. or corporation other than the Lender. and that Borrower shall not sell.
assign, transfer. mortgage or pledge any of the Collateral now existing or here-
after existing to any person. Srm. or corporation other than the Lender without
the prior written consent of the Lender .
6 . The Borrower agrees to execute and deliver to Lender . at any time
or times during. which this Assignment shall be in effect. such further instruments
as the Lender may deem necessary to make effective this Assignment and the
several covenants to the Borrower. herein contained .
7 . Failure of the Lender to avail itself of any of the terms . covenants
and conditions of this Assignment for any period of time. or at any time or times.
shall not be construed or ,deemed to be a waiver of its rights hereunder. The
rights and remedies of the Lender under this instrument are cumulative and are
not in lieu of but are in addition to any other rights and remedies which the
Lender may have under or by virtue of any of the Loan Documents . The rights
and remedies of Lender hereunder may be exercised from time to time and as
~ often as such exercise is deemed expedient by the Lender .
8. The Lender shall have the right tD assign to any subsequent holder
of the Loan Documents . or to any person acquiring title to the Property , the
~ Borrower's right, title and interest in any Collateral hereunder or hereafter
assigned, subject however, m the provisions of this Assignment. After the
Borrower shall have been barred and foreclosed of all right. title. interest _
` and equity of redemption in said property, no assignee of the Bormwer's
interest in said Collateral shall be liable to account m the Borrower for any
Collateral thereafter accruing .
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9 . Upon payment in full of all of the indebtedness of the Loan . as
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