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<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.