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covenants or agreements contained in any of the Leases. It
is further understood that this Assignment shall not operate
to place responsibility for the control, care, management or
repair of the Premises, or parts thereof, upon Assignee nor
shall it operate to make Assignee liable for the performance
of any of the terms and conditions of any of the Leases, or -
for any waste of the Premises by the lessee under any of the
Leases or any other party, or for any dangerous or defective
condition of the Premises or for any negligence in the
management, upkeep, repair or control of the Premises re-
sulting in loss or injury or death to any lessee, licensee,
employee or stranger.
Assignee may take or release other security, may
release any party primarily or secondarily liable for any
indebtedness secured hereby, may grant extensions, renewals,
or indulgences with respect to such indebtedness and may
apply any other security .therefor held by it to the satis -
faction of such indebtedness without prejudice to any of its
rights hereunder.
Assignee may, at its option, although it shall not -
be obligated so to do, perform any lease covenant for and on
behalf of the Assignor and any monies expended in so doing J
shall be chargeable with interest to the Assignor and added
to the indebtedness secured hereby.
Waiver of or acquiescence by Assignee in any
default by the Assignor, or failure of the Assignee to -
insist upon strict performance by the Assignor of any
warranties or agreements in this Assignment, shall not
constitute a waiver of any subsequent or other default or
failure, whether similar or dissimilar. -
The rights and remedies of Assignee under this
Assignment are cumulative and are-not in lieu of, but are in
addition to any other rights or remedies-which Assignee
shall have under the Note, Mortgage and Security Agreement,
or any other instrument constituting security for the Note,
or at law or in equity.
~ If any term of this Assignment, or the application
thereof to any person or circumstances, shall, to any
extent., be invalid or unenforceable, the remainder of this
Assignment, or the application of such term to persons or
circumstances other than those as to which it is invalid
or unenforceable, shall not be affected thereby, and each
term of ,this Assignment shall be valid and enforceable to
the fullest extent permitted by law. •
Whenever, pursuant to this Assignment, consent by
Assignee is necessary for the taking of any action, such
consent shall not be unreasonably withheld.
All notices to be given pursuant to this Assign-
ment shall be sufficient if mailed postage prepaid, certi-
fied or registered mail, return receipt requested, to the
above described addresses of the parties hereto, or to such
other address as a party may request .in writing. Any -time
• period provided in the giving-of any notice hereunder shall
commence upon the date such notice is deposited in the
E mail.
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8~339 P~ 444
MAMONEI/ HAOLOW 6 ADAMS, 1401 AMERIFIRST BUILOING• MIAMI• FLORIDA 33131 TEI. (30 S) 358- 5550