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6.3. EDSR 09-04-2018
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6.3. EDSR 09-04-2018
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9/14/2018 9:26:38 AM
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City Government
type
EDSR
date
9/17/2018
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ARTICLE FOUR <br />ASSIGNMENT OF RENTS <br />4.1. Assi m ent. As security in addition to the lien of this Mortgage upon the <br />Property, Mortgagor hereby grants, transfers and assigns to Mortgagee all of the %ight, title and <br />interest of Mortgagor in and to all Leases and all rents, income, profits, rev es, royalties, <br />bonuses, rights, accounts, contract rights, general intangibles and benefits (all of which are <br />sometimes hereinafter referred to as "Rents"), now or hereafter accruing or owing y reason of a <br />Lease of any or all of the Property. <br />i <br />I <br />4.2. Covenants of Performance. To protect the security of this) Assignment, <br />Mortgagor warrants, covenants and agrees: <br />(a) to faithfully abide by, perform and discharge each and every obligation, <br />covenant and agreement under any Leases to be performed by Mortgagor hereunder; to <br />give prompt written notice to Mortgagee of any notice of default on the part of Mortgagor <br />with respect to any Lease received from a tenant thereunder; to enforce or secure short of <br />termination of any Lease the performance of each and every obl igatibn., covenant, <br />condition and agreement of the Leases by the tenants thereunder to be performed; not to <br />borrow against, pledge or assign any of the Rents, or anticipate the Rc;nts;l not to waive, <br />excuse, condone or in any manner release or discharge any tenant thereunder of or from <br />the obligations, covenants, conditions and agreements to be performed land r the Lease or <br />to permit the tenant to assign its interest in the Lease unless required to dos by the terms <br />of the Lease; not to terminate the Leases or accept a surrender thereof or discharge of <br />the tenant unless required to do so by the terms of the Lease; not to! consent to a <br />subordination of the interest of the tenant thereunder to any party other tl�la.n Mortgagee <br />and then only if specifically required to do so by Mortgagee; <br />(b) at Mortgagor's sole cost and expense, to appear in and def�Ind any action <br />or proceeding arising under, growing out of or in any manner connected w1ith the Leases <br />or the obligations, duties or liabilities of Mortgagor and tenants thereunder,! and to pay all <br />costs and expenses of Mortgagee, including attorneys' fees in a reasonablle sum, in any <br />such action or proceeding in which Mortgagee may appear or with respe6t to which it <br />may incur costs; <br />(c) that Mortgagor has the full right and title to assign the ReAts; that at the <br />date of this Mortgage there exist no Leases which now or in the fut*re affect the <br />Mortgaged Property which have not been disclosed to Mortgagee in wriiing; and that <br />there is no outstanding assignment or pledge of the Leases or Rents; and <br />(d) to furnish to Mortgagee, at Mortgagee's written request, a c4m.plete list of <br />all Leases and security deposits made thereunder as to any part of tl e Mortgaged <br />Property, showing the type of lease, the name of the tenant, the monthly renal, the date to <br />which paid, the term of the Lease, the date of occupancy, and the date of 4xpiration and <br />any and every special premium, concession or inducement granted to the tenant. <br />13 <br />4875190 ELI 95A5 <br />
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