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occurs no rents shall be collected or accepted more than one ~
month ih advance without the prior written consent of Assignee.
~ 3. Anything to the contrary notwithstanding, Assignor
hereby assigns to Assignee any award made hereafter to it in -
any court procedure involving any of the tenants in any
bankruptcy, insolvency or xeorganization proceedings in any ~
~ state or Federal courti and any and all payments made by ~
tenants i~ lieu of rent. Assignor hereby appoints Assignee as
its irrevocable attorney-in-fact to appear in any action and/or ~
to collect any such award or payment. ~ ~
4. Assignor, in the event of default in the performance
of any of the terms and conditions of the Loan Documents hereby
authori2es Assignee, at its option, to ent~r and take
, possession of the Property and to manage and operate the same,
to collect all or any rents accruing therefrom and from such
Leases, to collect all or any sums due or becoming due under
such guaranties and surety agreements, to let or relet the
Property or any part thereof, to cancel and modify Leases,
guaranties and surety agreements, evict tenants, bring or .
defend any suits in connection with the possession of the
Property in its own name or Assignor`s name, to make such
repairs as Assignee deems appropriate, and to perform such
other acts in connection with the management and operation of
the Property as Assignee, in its sole discretion, may deem =
proper.
5. The receipt by Assignee of any rents, issues or
profits pursuant to this instrument, after the institution of
foreclosure or sale proceedings under the Mortgage, shall not
cure such default or affect such proceedings or any sale ~
pursuant thereto.
; 6. Assignee shall not be obligated to perform or
discharge any obligation or duty to be performed or discharged
by Assignor under any of such Leases, and Assignor hereby
4 agrees to indemnify Assignee for, and to save it harmless from,
any and all liability arising from any of such ~,eases, '
~ guaranties, surety agreements or from~this Assignment, and this -
~ Assignment shall not place responsibility for the control,
care, management or repair of the Property upon Assignee, or
- make Assignee responsible or liable for any negligence in~the
management, operation, upkeep, repair or control of the
Property resulting in loss or in~ury or death to any tenant,
licensee, employee or other person. ~
7. Assignor covenants and represents that: Assignor has
title to, and full right to assign such Leases, guaranties,
surety agreements and the rents, income and profits due or to
become due thereunder; no other assignment of any interest
therein has been made, except as set forth hereinj that there
are no existing defaults under the provisions thereof; and that
Assignor will not hereafter cancel, surrender or terminate any
; of such Leases, guaranties and surety agreements, or change,
~ alter or modify them, or consent to the release~of any party
~ liable thereunder or to the assignment of the lessees' interest
~ under such Leases or guaranties or surety agreements without
the prior written consent of Assignee.
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~ . 8. Assignor hereby authcrizes Assignee to give notice in
writing of this Assignment at any time to any tenant under any
~ of such Leases and to any guarantor of such Leases.
9. Violation of any of the covenants, representations
and~provisions contained herein by Assignor shall be deemed a.
default under the ~erms of the Loan Documents.
10. Default by Assignor under any of the terms of the i
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