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HomeMy WebLinkAbout0337 Assigned Lease affecting less than ten percent (10X) of the net rentable area of the Mortgaged Premises (hereinafter referred to as an "Adjustable Assigned Lease"); (f) that it will not waive or give any consent with respect to any default or variation in the performance of any of the terms, covenants and conditions on the part of any lessee, sublessee, tenant or other occupant to be performed under any of the Assigned Leases other than an Adjustable Assigned Lease, but will at all times take proper steps to enforce all of the provisions and conditions thereof; (g) that it will not collect or receive, without in each case having obtained the prior written consent of the Assignee thereto from any such lessee, sublessee, tenant or other occupant any installment of rent in advance of the respective dates prescribed in the Assigned Leases, except for Permitted Advance Rental Payments; (h) that it will perform and observe, or cause to be performed and observed, all of the terms, covenants and conditions on its part to be performed and observed with respect to each of the Assigned Leases; (i) that it will, upon written request by the Assignee, while this assignment remains in force and effect, serve such written notices upon any lessee, sublessee, tenant or other occupant of any portion of the Mortgaged Premises concerning this assignment, or include among the written provisions of any instrumenC hereafter creating any such lease, sublease, tenancy or right of occupancy specific reference to this assignment, and make, execute and deliver all such powers of attorney, instruments of pledge or assignment, and such other instruments or documents as the Assignee may reasonably request at any time for the purpose of securing its rights hereunder; that at all times during which this assignment shall be in effect, the Assignor will use its best efforts to keep the Mortgaged € Premises fully rented at the highest possible rentals obtainable; and rg 3 ` (k) that it will notify the Assignee promptly when any Assigned l Lease is hereafer executed, extended, renewed, amended or modified and that it will furnish to the Assignee, on demand, true copies of all ~ a~~~3~31 '~E 337