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HomeMy WebLinkAbout0421 benefits to the indebtedness and other sums secured hereby, shall cure or waive any default or notice of default here- . under or invalidate any. act done pursuant hereto or to any such notice, but shall be cumulative of all other. rights and i remedies. (E) ASSIGNMENT OF LEASES. TOGETHER WITH all right, title and interest o Mortgagor in and to any and all leases now or hereafter on or affecting the property described in paragraphs (A), (B) and (C) hereof, together with. all se- curity therefor and all monies payable thereunder, subject; however, to the conditional permission hereinabove given to Mortgagor to collect the rentals under any such lease. The foregoing assignment of any lease shall not be deemed to impose upon Mortgagee any of the obligations or duties of Mortgagor provided in any such lease, and Mortgagor agrees to fully , pe"rform .all obligations of the lessor under all such leases. Upon Mortgagee's request, Mortgagor agrees to send to Mortgagee a list of all leases covered by the foregoing assignment and as any such lease shall expire or - terminate -oY-as any-mew-Lease-- shall -be -made,- Mortgagor- steal-l - - - so notify Mortgagee in order that at all times Mortgagee shall have a current list of all leases affecting the property described in paragraphs (A), (B) and (C) hereof. Mortgagee shall have the right, at any time and from time to _ time, to notify any lessee of the rights of Mortgagee as provided by this paragraph. From time to time, upon request of Mortgagee, Mortgagor shall specifically assign to Mort- gagee as additional security hereunder, by an instrument in writing in such form as may be approved by Mortgagee, all right, title and interest of Mortgagor in and to any and all 1-eases now or hereafter on or affecting the Mortgaged Property, together with all security therefor and all monies payable thereunder, subject to the conditional permission hereinabove given to Mortgagor to collect the rentals under any such lease. Mortgagor shall also execute and deliver to Mortgagee any notification, financing statement or other document reasonably required by Mortgagee to perfect the foregoing assignment as to any such lease. • This instrument constitutes an absolute and present assignment of the rents, royalties, issues, profits, reve- nue, income and other benefits from the Mortgaged Property, subject, however, to the conditional permission given to Mortgagor to collect, receive, take, use and enjoy the same as provided hereinabove; provided, further, that the exist- I ence or exercise of such right of Mortgagor shall not operate to subordinate this assignment to any subsequent assignment, in whole or in part, by Mortgagor, and any such subsequent assignment by Mortgagor shall be subject to the rights of Mortgagee hereunder. (F) FIXTURES AND PERSONAL PROPERTY. TOGETHER WITH a security interest in (i) all property and fixtures affixed to or located on the property described in paragraphs (A), (B) and (C) hereof which, to the fullest extent permitted by law shall be deemed fixtures and a part of the real pro- perty; (ii) all articles of personal property and all materials delivered to the property described in paragraphs (A), (B) and (C) hereof for use in any construction being f S i ~~~~"•?T.1E~~JTAr"; ~ 5T: ~ ~ p~y,_UtrlENihe~Y% ~ _3_ (1_r---JMt~V i~gY 5'_1° .V1 r_: i sf~zrw. ~ .T 9 0 0.0 U 3 ~ r $VIIDING, MIAM1, FI.ORiDA 33~3~ TE~.(305) 358-5550 i f i - ~ > - -