<br />ness Secured IIereby shall have been paid in full, the Assignor
<br />covenants and agrees to keep leased at a good and sufficient rental
<br />all the Premises and upon demand to transfer and assign to the
<br />Assignee any and all subsequent leases upon all or any part of the
<br />Premises upon the same terms and conditions as are herein contained,
<br />and to make, execute and deliver to the Assignee upon demand, any
<br />and all instruments that may be necessary or desirable therefor;
<br />provided that, the terms and provisions of this Assignment shall
<br />apply to any such subsequent lease, whether or not so assigned and
<br />transferred and Assignor shall cause this Assignment to be served
<br />upon the tenant under the Lease and shall at the Assignor's sole
<br />cost and expense cause this Assignment to be re-recorded and re-filed
<br />in each and every public office in which said filing and recording
<br />may be necessary to constitute record notice of this Assignment.
<br />6. PRESENT ASSIGNMENT. Although iti:s the intention of the
<br />parties that this Assignment shall be a present assignment, it is
<br />expressly understood and agreed, anything herein to the contrary
<br />notwithstanding, that the Assignee will not exercise any of the
<br />rights and powers conferred upon it herein until and-unless a
<br />default shall occur in the payment when due of interest or princi-
<br />pal under the Note or if a default or an event of default shall
<br />occur hereunder, or under the Mortgage or any other instrument now
<br />or hereafter securing the Note or the Indebtedness Secured hereby
<br />.and so long as no such default or event of default occurs, Assignor
<br />shall have the right to collect but not prior to accrual all the
<br />rents, income and profits and to retain, use and enjoy the same.
<br />7. ASSIGNEE'S RIGHTS ON DEFAULT-. In the event of a default
<br />in the payment when due of interest and principal on the Note or
<br />the occurrence of a default or an event of It hereunder, under
<br />the Mor o an )F?Fr rumen now or hereafter securin t e
<br />Note or the n e tedness S Hereb , w ether or not t He re;lain-
<br />Ing pri.ncipa a ance o the Note is declared to be immediately due
<br />and payable, or action is taken to enforce any of the Assignee's
<br />rights under the Mortgage or any other instrument now or hereafter
<br />securing the Note, the Assignee may, at its o tion due and atlble
<br />declare any Indebte ness
<br />an t e Assignee may, either in person or by agent, with or without
<br />bringing any action or proceeding, or by a receiver to be appointed
<br />by the Court, enter upon and take possession of the Premises or any
<br />part thereof, together with all the documents, books, records,
<br />papers and accounts of the Assignor relating to the Premises, and
<br />may as attorney in fact or agent of the Assignor, or in its own
<br />name as Assignee, under the powers herein granted, hold, operate,
<br />manage and control the Premises and conduct the business thereof,
<br />if any, either personally or by its agents, with full power to use
<br />such measures, legal or equitable, as-in its discretion may be
<br />deemed-proper or necessary to enforce the payment of or security
<br />of the rents, income and profits of the Premises and in furtherance
<br />thereof may make, cancel, enforce or modify the Lease, obtain or
<br />evict tenants, fix or modify rents, and do any acts or things which
<br />the Assignee deems proper to protect the security hereof, and may
<br />'in its own name or the Assignor's name sue for or otherwise collect
<br />and receive such rents, income and profits, including those past
<br />due and unpaid, and apply the sane in accordance with the provi-
<br />sions of this 11Ss1gT1I:1eIlt. Should Assi_cnor fail to lwal; e any _?avment,
<br />make any appearance or do any act as herein provic?ed' 'or.may bo
<br />required under the Lease, then the Assignee may, but shall not be
<br />obligated,so to do, and without notice to or demand on the Assignor,
<br />as Mortgagor is not in default hereunder, tUie ng6f-Folrec Ve
<br />profits.
|