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and more particularly described in said mortgage or deed of
trust, and the acceptance of this assignment and the collec-
tion of rents or the payments under the leases hereby assigned
shall not constitute a waiver of any rights of the assignee
under the terms of said bond or note and mortgage or deed of
trust. And it is expressly understood and agreed by the
parties hereto that before default occurs under the terms of
said bond or note and mortgage or deed of trust, assignor
shall have the right to collect said rents, income and pro-
fits from the aforementioned leases and to retain, use and
enjoy the same, provided, however, that even before default
occurs no rent more than two months in advance shall be col-
lected or accepted without the prior written consent of the
assignee. Anything to the contrary notwithstanding assignor
hereby assigns to assignee any award made hereafter to it
in any court procedure involving any of the lessees in any
bankruptcy, insolvency, or reorganization proceedings in
any state or Federal court; and any and all payments made
by lessees in lieu of rent. Assignor hereby appoints assignee
as its irrevocable attorney in fact to appear in any action
and/or to collect any such award or payment.
The assignor, in the event of default in the performance of
any of the terms and conditions of said bond or note and
mortgage or deed of trust, hereby authorizes the assignee,
at its option, to enter and take possession of the mortgaged
premises and to manage and operate the same, to collect all
or any rents accruing therefrom and from-said leases, to
let or re-let said premises. or any part thereof, to cancel
and modify leases, evict tenants, bring or defend any suits
in connection with the possession of said premises in its
own name or assignor's name, make repairs as assignee deems
appropriate, and perform such other acts in connection with
the management and operation of said premises as the assignee,
in its discretion, may deem proper.
The receipt by the assignee of any rents, issues or prof its
pursuant to this instrument after the institution of fore-
closure proceedings under said mortgage or deed of trust
~ shall not cure such default nor affect such proceedings or
any sale pursuant thereto.
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' Assignee shall not be obligated to perform or discharge any
obligation or duty to be performed or discharged by assignor
under any of said leases, and the assignor hereby agrees
to indemnify the assignee for, and to save it harmless from,
any and all liability arising from any of said leases or
from this assignment, and this assignment shall not place
responsibility for the control, care, management or repair
of said premises upon the assignee, or make the assignee
responsible or liable for any negligence in the managemen t,
operation, upkeep, repair or control of said premises re-
sulting in loss or injury or death to any tenant, licensee,
employee or stranger.
The assignor covenants and represents that said assignor
y has full right and title to assign said leases and the
rents, income and prof its due or to become due thereunder,
that the terms of said leases have not been changed from
the terms in the copies of said leases submitted to the
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