HomeMy WebLinkAbout0953 lc) to enforce, cancel and modify any or all such
Agreements of Sale,
(d) to perform such other acts in cannection with such
Agreements of Sale as Assignee, in its discretion, may deem
proper. •
Assignee's performance of any obligation to be performed by
Assignor under any Agreement of Sale shall not obligate Assignee
to perform any other such obligation.
4. Neither the receipt by Assignee of any deposits, sums
or payments, nor the exercise by Assignee of any authority
pursuant to this Assignment, before or after the institution of
foreclosure proceedings under the Mortgage or before or after the
institution of any proceedings under ~the Loan Documents, shall
cure any default under the Loan Documents, or affect any such
foreclosure or other proceedings or any sale pursuant thereto.
5. This Assignment~shall not place responsibility for the ~
control, care, management or repair of the Premises upon Assig-
nee, or make Assignee responsible or liable for any negligence in
the management, operation, upkeep, repair or control of the
Premises resulting in loss or injury or death to any purchaser or
owner of any portion thereof or any tenant, licensee, employee or
stranger. Nothing contained in this instrument shall cause
Assignee to be responsible to any party for any assessment made
by the homeowners association now or hereafter existing having
jurisdiction over any portion of the Premises (collectively the
"Association") or for any violation of the Declaration of
Covenants, Restrictions and Easements of any planned unit ~
development established on the Property or any adjacent property,
or the Articles of Incorporation, Bylaws or the Rules and
Regulations of the Association or any other Association document f
(collectively called the "Association Documents").
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6. Assignor covenants and represents that: ;
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(a) it has full right and title to assign such Agree-
ments of Sale and deposits, sums, payments, rights and
; privileges;
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~ (b) the terms of the Agreements of Sale will not be =
~ changed from the terms in the form of Agreements of Sale submit-
~ ted to and approved by Assignee; ~
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_ (c) no other assignment of any interest in such
~ Agreements of Sale or deposits, sums or payments has been made;
~ and
(d) there are no existing defaults under the provi- r
sions of any Agreement of Sale other than defaults of which ;
Assignor has given Assignee written notice. ~
~ 7. Assignor covenants that it will not hereafter cancel,
~ surrender or terminate any of such Agreements of Sale, exercise
~ any option, election or right which might lead to such termina- =
tion or change, alter or modify any of such Agreements of Sale or s
~ consent to the release of any party liable thereunder or to the
, assignment of the purchaser's interest in them, without the prior
written consent of Assignee, whicli consent shall not be unreason-
~ ably withheld. _
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~ 8. Assignor hereby authorizes Assignee to give notice in
a
~ writing of this Assignment at any time to any purchaser under any
~ of such Agreements of Sale.
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