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S. ih~ Lunder shall have thc ri~ht to assign to a~~y
subs~c~ucn[ tiold~r of the :tortgage, or to any persun acquirin;~
titl~ tu th~ Property, th~ Assignor's rights, title and
intcrest in any [.ease hcreby or hercafter, assigned, subject,
~however, to the provisioi~s of this Assignment. After the
Assignor shall i~ave been barred and foreclosed of all right,
title and interest and equity of redemption in said Property,
no assignce of the Assignor's interest in said Leases shall be
liable to account to the Assignor for any rents, income,
~revenue, issues or profits tliereafter accruing.
9. Upon payment in full of all the indebtedness secured
by ti~e ~lortgage, as evidenced by a recorded satisfaction or
release uf rlortgage, as well as any sums which may be payable
hereundcr, this Assignment shall become and be void and of no
;effect and, in that event, upon the request of the Assignor,
'the Lender covenants to execute and deliver to the Assignor
'instrumen~s effective to evidence the termination of this
'Assignment and/or the reassignment to the Assignor of the rights,
:.power and authority granted herein, provided, however, that
as to any lessee of any portion of the Property, any affidavit,
i~certificate or other written statement of any officer of the
f,Lender, stating that any part of said indebtedness remains
:`unpaid, shall be and constitute conclusive evidence of the
:~then validity, effectiveness and continuing force of this
~:Assignment and any person, firm or corporation receiving any
I!such affidavit, certificate or statement may, and is hereby
,~authorized to, rely thereon. As against the Lender, at all
;;times during which this Assignment shall be in effect there
,;shall be no merger of. the Leases assigned hereunder or the
~leasehold estates created thereby with the fee estate in the
~iProperty by reason of the fact that said Leases or any interest
~;therein may be held by or for the account of any person, firm
;or corporation which may be or become the owner of said fee
,~es[ate, unless the Lender shall consent in writing to said
:,meroer .
10. In connection with any litigation arising out of
'this Assignment, if the Lender is the prevailing party in such
litigation, the Lender shall be entitled to recover all costs
~,incurred, including reasonable attorney's fees and attorney's
'fees on appeal.
11. Any waiver or modification of the terms of this Assio-
'ment by the Lender shall bc in writino and sibned by a duly
authorized officer or aoent of the Lender.
12. In the event any one or more of the provisions
contained herein shall for any reason be held to be invalid,
:illeoal or unenforceable in any respect, sucli invalidity,
illegality, or unenforceability shall not, at the option of the
Lender, affect any other provision hereof, and shall be
construed as if such invalid, illegal or unenforceable provision
'had never been contained herein.
13. :;o delay or omission on the part of Lender in -
exercising any rioht ltereunder shall operate as a waiver of
that right or of any other right hereunder or under the :iortgage,
~iate and other Loan Uocuments.
1 i • In the
and provisions of
this Assignment,
s:iall prevail.
event tl~ere is
thc ;fortgage
the terms and
-4-
any conflict between ttie ter:~s
anci the tcrns and provision of
provisions of the Assignnent
1.4.v O«1CES OF
~~N350 P~~f215?
6L;1X
, SpIIEY_ BAR~~S 6 PA,JGN. SUITE )00 NEW WO~ilO TOWER, M~AN1, FLORIDA 33132
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