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before default occurs under the terms of the Note and
Mortgage, Assignor shall have the right to collect such
rents, income and profits from the aforementioned leases,
guaranties and surety agreements and _to retain, use and
enjoy the same; provided, however, that even before default
occurs no rents more than one month in advance shall. be
.collected or accepted without the prior written consent of
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 i
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.
Assignor, in the event of default in the per-
formance of any of the terms and conditions of the Note or
Mortgage, hereby authorizes Assignee, at its option, to
enter and take possession of the Property and to manage and
operate the same, to collect all or any rents accruing
therefrom and from such leases, to collect all or any sums
due or becoming due under such guaranties and surety agree-
ments, to let or re-let the Property or any part thereof, to
cancel and modify leases, guaranties and surety agreements,
evict tenants, bring or defend any suits in connection with
-the possession of the Property 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 the Property as Assignee, in its discretion,
may deem proper.
The receipt by Assignee of any rents, issues -
or- profits pursuant to this instrument after the institution
of foreclosure or sale proceedings under the Mortgage shall
not cure such default or affect such proceedings or any sale
i pursuant thereto.
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~ Assignee shall•not be obligated to perform or
discharge any obligation or duty to be performed or dis-
charged by Assignor under any of such leases, and Assignor`
hereby agrees to indemnify Assignee for, and to save it hang-
less from any. and all liability arising from any of such
leases, guaranties, surety agreements. or from this assignment,
except as arising from Assignee's own acts other than the
exercise of its rights hereunder, and this assignment shall
not place responsibility for. the control, care, management•or
repair of the Property upon Assignee, or make Assignee respon-
sible or liable for any negligence in the management, opera-
tion, upkeep, repair or control of the Property resulting in
loss or injury or death to .any tenant, licensee, employee or
other person.
Assignor covenants and represents that Assignor
has title to, and full right to assign such leases, guaran-
ties, surety agreements and the rents, income and profits
due or to become due thereunder; that the teens of such
leases, guaranties and surety agreements have not been
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BOOK c7~?0 PAGE ~~5