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HomeMy WebLinkAbout2542 ~ - 4'76428 Asi~arn~Errr of zB~ RE>~rrs,, AND lROFlTB THIS A88iGNMSNT, made tbii /j~~ day of February ,19 80 , by FORT PIERCE CARE CENTER, INC. COMBANK/WINTER PARK ~ ~r of • WITNEBBETH: FOR ~ ALUE RECEIVED, Assignor does hereby BSLI., ASSIGN, TRANSFER, SBT OVER and DBLIVS$ unto the Asdgnee, its a~ooeseota and assign., a0 leases written or oral, and all age~eements foe me av oocupsncy of any portion of the premises togethee wtth Msildiags s:td bnps~o:easents tlveeeof, heseinafte: pse~~ dtuate in Sf : Lucie Chanty, Florida , and mote psrticuhcly descadbed io th3 attatdted 8drsdule A, TOGETHER with nay and all eztenaion sad renewals the[eot and soy and all further leases, IeWnipv or ~greemeals (including subleases thereof and tenan~Ciet folbwb~g att0:nment) upon or cCVbtins uaa or ~ oocupan~9 of all or any part of the said premises (all such knees, aa'ee~nents, subleases and t m N heretofore mentioned are bereinaltar oolkctively inducted bt the designation "said leases"). ~ ~ TOQETHBR with any and aU guarantees of lessee's performance under any of said lessen, and ~2f M x TOGETHER with the immediate and oontiauiag right to eollec* and receive aU of the tents, income, • ~ ,o receipts, rev~enuee, iis•.ies and pe~ofita now due or which mqr become due ere to which Assignor may now or ~ a. shall he:e:lte:.mcl~dirg the period of redemption, it any) brooms entitled ov may demtmd or daian, 0 o°o o ~ or issuing from ~r out of the said leases os brom or out of the sand precnisss of nay part !hereof, a N ~ including but not icy way of Hmitatbn: (a) minimum•tents, additional tenb, pereentsge rents, parking o maiatenaooe, mac and insurance oonbribution, defideacy gents and ligvadated damages folbwb~g default, ~ o the premi~.m pe6raSk by any lessee upon the exercies of a caneel>attion privilege oeigbtatis? prodded io any ~v . [ acid lease, and any rights and claims of any hind. which Assignor mq have ags3nt any lessee under such ~ o ~ leases err any subtenants or ooctaants of said premises (sometimes berebsafter ooUsctively referred to r 'rents'j; (b) :~y ment for bss or aqy peemium, now o;~ hereaftee a° a o paid err payable under sad ' t+e[und or rettun of any policy of ina:tance coming the whole or any part of the peeDniaee (aomei3mes hereinafter refea+ed to r `loaves or rebates'); (c) sum o: sums now due or hereafter to become due by reason of any taking of the whole or any plrt o! the premises !ot public p~uposes, by right of eminent dumab:.,:• oti:3wise, or by heron of any claim now or hereafter ezisting ag~int any and all parties ~ whomsoever for eompenotion !or real or alleged harm err damage done to a io connection with the ~ premises (sometimes bereinaftar referred to r `damages'); ant! (d) abatemeent, rebate, refund or return, ~ whether now or hereafter payable, of the whole or any part of nay tar, rseastnent or other charge levied or ~ aveeaved upon the whole cr any part of the premises err itunisbings whether hentalore or ha+eafter-levied or aeeeaeed or that bas been or hereafter is paid (sometimes hereinafter referred to r `abatements'). SUBJBGT, however, to a license hereby granted by Assignee to Aa3gnor, but limited r hereinafter peovided, to collect and receive all of the aid rents. TO HAVE AND TO HOLD the same unto Assignee, its suooessoss and Assigns forever, or for such ~ shorter period r hereinafter may be indicated. FOIL THE PURPOSE OF SECURING the payment of the indebtedness erideaced those by,~t certain Note s dated eebruun$~~d ,19 80 , in the principal sum of Nine hundred sixty five thousand AND h thous nil ($965,000.00)~i~~; 300,000.00)~b3?As~norpayable to the order of ComBank~Winter Park and preantly held by Asdgnee, inducting any a:tension and renewals thereof and aqy note or notes supplemental thereto, r well r the payment, observance, performsnee and discharge of all other obligations, covenants, condition and warranties contained 6n aU instruments sectuing repayment of aid Nose and beaing even date tberewitL, and m any extensions, supplements and oonsolidatan thereof, coveting the aid premises, sad secuting the acid Note (hereinafter collectively called "Loan Documents'. Assignor irrevopbly constitutes and appoint' Aes~net r its Lwtul attorney is its name sad stead: (a) to ootlect any and all of the aid rents, losses or reb~atec, damag~as and/oz abatements; (b) to use such n~anues, legal or equitable, r is its diaa~etlon may be Seemed necessary or appropriate to enforce the ~ payment of ofd rents, losses or t+eba'Sa, 9amages, abatements sad/ar atpr secaaity given io connection therewith; (c) to aeciaa and maintain the use and/cc possession of the pe+emisa and/or x41 part of either; (d) to fill any and all vaancies sad to teat, !saes and/or let the pre:aiaes and/or nay pstt tberreoi at ib disQetioa; (d) to order, purchase, cancel, modify, smnend and/or io any and all ways control and deal with any and aU polities of insurance of aMy and aD kinds now err hereat'tar on or in connection with the whole oz any part of the premises at its discretion sad to ac~wt anlr loss err damage tbere~mder and/or to bring snit s~t Lw or is equity therefore and to ezecute sad/or tender nay and all indttm4eatas deemed by Assignee to i B~~ P1?6f