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HomeMy WebLinkAbout1643 i . • • •..u ~ , which said leaves, rents, issues and proAts arise out of or accrue from all or a part o~ the folbwih~ described property situated in the City oL County of_..._...St. __Lucie_____.._..._. State of._._.._.Florida towit: Lots 1 through 5, and Lots 10 through 18, Block 8, YHITE CITY SUBDIVIBION, as per plat thereof on file in Plat Book 1, Page 21, Public Records of St. Lucie County, Florida. TO WITH that certain vacated alley adjacent to and situated southerly of Lots 1 through 5 and adjacent to and situ- ated northerly of Lots~10 through 18 in Block 8. i TO HAVE AND TO HOLD said leases, together with the rents, issues, rights, income, profits, privileges and benefits arising ender said leases or from the use of the above described property, unto the Assignee, its sue- censors and assigns, as additional and collateral security for the purpose of securing:, (1) payment of that certain note ds~ evenly herewith ,for the principal sum of ~.-'.)-10,~•~.-..---~ bearing interest as therein provided, secured by mortgage of even date therewith, covering property therein and hereinabove described, and which mortgage has been, or will be, filed for record in the office of the Recorder of Deeds in and for the County or City in which said property is located; (2) payment of all other sums, with interest thereon, becoming due and payable to the Assignee under the provisions of said note and mortgage and this a.~ignment; (3) performance and dixharge of each and every obligation, covenant and agreement of Assignor ~ contained herein or in said iyote or mortgage. The Assignor warrants and represents to Assignee that the Assignor is the soie owner of the entire Iessor'n interest in said leases; that said leases are valid and enforceable and have not been altered, modified or amended in any manner whatsoever save as herein set forth; that the lessee named therein is not in default in the per- . formance of any of the terms; covenants or conditions thereof ; that no rent reserved in said leases or for the rental of any part of property described in said mortgage, has been assigned or anticipated and fleet no rent for any period subsequent to the date of this assignment has been collected in advance of the time when flee same c became due ender the terms of said leases or otherwise. - The Assignor covenants with the Assignee: to observe and perform all the o6ligatioeeY imposed'upon the lessor under said leases and not to do or permit to be done anything to impair the security thereof; not to collect any of the rent, income and profits arising or accruing under said leases or from the property described in said mort- gage in advance of the time when the same shall become due; not to execute any other assignment of lessor's interest in said lessee or assignment of rents arising or Accruing fmm said leases or from the property described in said mortgage; not to alter, modify or change the terms of said leases or give any coeysent or exercise any option required or permitted by such terms without the prior written consent of Assignee, or cancel or terminate said leases or accept a surrender thereof or convey or transfer or suffer or permit a conveyance or transfer of the leased premises or of any interest therein so ss to effect directly or indirectly, proximately or remotely a merger of the estates and rights of, or a termination or diminution of the obligations of, lessee thereunder; not s to alter, modify of change the terms of any guaranty of said leases or cancel or terminate such guaranty with- out the prior written consent of the Assignee ; not to consent to any assignment of or subletting ender said leases ; without the prior written consent of the Assignee; at the Assignee's request Assignor will assign and transfer to the Assignee any and all subsequent leases upon aU or any part of the property described in said mortgage and _ to a=acute and deliver at the request of the Assignee all such further assurances and assignments in the premises as the Assignee shall from time to time require. Thi.4 assignment is made upon the following terms, co~•enants and conditions: I So long as there shall exist no default by the Assignor in the payment of ,the principal sum, interest and indebtedness secured hereby' and by said note and mortgage or in the performance of any obligation, covenant or agreement herein or in said note and mortgage or in said leases contained on the part of the Assignor to be performed, the Assignor shall have the right to collect at the time of, but not prior to, the date provided for the - - payment thereof, all rents, income and profits arising ender said lea.4es or from the property described in said mortgage and to retain, use and enjoy the same. Upon or at any time after default in the payment of any principal sum, interest and indebtedness secured hereby and by said note and mortgage or in the performance of any obligation, covenant or agreement herein or in said note, mortgage or leases contained on the part of the Assignor to be performed, the Assignee without in any way waiving such defaalt may at its .option without notice and without regarcj to the adequacy of the 3 security for the said principal sum, interest and indebtedness secured hereby and by said note and mortgage, either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, take po~ssion of the property described in said leases and/or mortgage and have, hold, manage, lease, rent and operate the same on such terms and for such period of time sa the Assignee rosy deem proper and either f with or without taking possession of said property, Ae~gnce may in its own name, demand, one for or otherwise collect and receive all rents, income and profits of said property, including those peat due and unpaid with fall power to make from time to time all alterations, renovations, repairs or replacements. thereto or thereof as may. ~eem:•proper to the Assignee and to apply such rents, income and profits to the payment of : (s) all expenses of managing said property, including, without being limited thereto, the salaries, fees and wages of a managing 60~~ PJ~E~~.~