Common use of Assignment of Rents and Leases Clause in Contracts

Assignment of Rents and Leases. The Borrower hereby assigns to the Lender all right, title and interest of the Borrower in the Rents and Leases to have and to hold absolutely until all monies secured by this Mortgage and all obligations of the Borrower in this Mortgage have been fully paid and satisfied. The Borrower hereby grants to the Lender full power and authority to enter upon the Lands to collect the Rents, to demand, collect, xxx for, distrain for, recover, receive and give receipts for the Rents, to enforce payment of the Rents and performance of the obligations of any guarantees of payment and covenants to pay, and to exercise all rights in respect of any or all Leases, in the Lender’s own name or in the name of and as agent for the Borrower, as the Lender may elect, and hereby grants to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, shall be entitled to collect and retain the Rents as and when they become due and payable according to the terms of the Lease and to deal with all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any obligations of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possession, or will have the effect of making the Lender responsible for the collection of the Rents or for the observance or performance or enforcement thereof or of any of the provisions of the Leases either by the Borrower or by any other person, liable to account for any monies except such monies as it actually receives pursuant to this assignment of Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured by this Mortgage. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment of Rents and Leases.

Assignment of Rents and Leases. The Borrower hereby assigns to the Lender all right, title and interest of the Borrower in the Rents and Leases to have and to hold absolutely until all monies secured by this Mortgage and all obligations of the Borrower in this Mortgage have been fully paid and satisfied. The Borrower hereby grants to the Lender full power and authority to enter upon the Lands to collect the Rents, to demand, collect, xxx sue for, distrain for, recover, receive and give receipts for the Rents, to enforce payment of the Rents and performance of the obligations of any guarantees of payment and covenants to pay, and to exercise all rights in respect of any or all Leases, Leases in the Lender’s own name or in the name of and as agent for the Borrower, as the Lender may elect, and hereby grants to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, shall be entitled to collect and retain the Rents as and when they become due and payable according to the terms of the Lease and to deal with all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Rents, Leases and other benefits to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any obligations of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possession, or will have the effect of making the Lender responsible for the collection of the Rents or for the observance or performance or enforcement thereof or of any of the provisions of the Leases either by the Borrower or by any other person, liable to account for any monies except such monies as it actually receives pursuant to this assignment of Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured by this Mortgage. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment of Rents and Leases.

Assignment of Rents and Leases. The Borrower Grantor hereby absolutely and irrevocably assigns to the Lender Beneficiary all right, title and Grantor's interest of the Borrower in the Rents and Leases whether now due, past due or to have become due, and hereby gives to hold absolutely until all monies secured by this Mortgage and all obligations of confers upon Beneficiary the Borrower in this Mortgage have been fully paid and satisfied. The Borrower hereby grants to the Lender full right, power and authority to enter upon collect such Rents and proceeds, and Grantor, without limiting the Lands generality of the Granting Clause hereof, specifically hereby presently, absolutely, unconditionally and irrevocably assigns, transfers and sets over all of the Rents now or hereafter accruing to collect Beneficiary. Grantor irrevocably appoints Beneficiary its true and lawful attorney at the Rents, option of Beneficiary at any time to demand, collect, xxx for, distrain for, recover, receive and give receipts for the Rentsenforce payment, to enforce payment of the Rents give receipts, releases and performance of the obligations of any guarantees of payment and covenants to paysatisfactions, and to exercise all rights in respect of any or all Leasesxxx, either in the Lender’s own name of Grantor or in the name of Beneficiary, for all such Rents and as agent proceeds. It is understood and agreed that neither the foregoing assignment of Rents and proceeds to Beneficiary nor the exercise by Beneficiary of any of its rights or remedies under this Deed of Trust shall be deemed to make Beneficiary a "mortgagee-in-possession" or otherwise responsible or liable in any manner with respect to the Property or the use, occupancy or enjoyment or operation of all or any portion thereof, unless and until Beneficiary, in person or by agent, assumes actual possession thereof; nor shall appointment of a receiver for the Borrower, as Property by any court at the Lender may elect, and hereby grants request of Beneficiary or by agreement with Grantor or the entering into possession of the Property or any part thereof by such receiver be deemed to make Beneficiary a "mortgagee-in-possession" or otherwise responsible or liable in any manner with respect to the Lender irrevocable authority to join Property or the Borrower in any such proceedings use, occupancy, enjoyment or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment operation of all monies secured by or any portion thereof. This assignment is intended to be specific, perfected and xxxxxx upon the recording of this Mortgage), the Borrower, Deed of Trust as agent for the Lender, provided in RCW 7.28.230. This assignment shall be entitled to collect and retain the Rents as and when they become due and payable according subject to the terms and conditions of any separate assignment of leases and/or rents, whenever executed, in favor of Beneficiary and covering the Lease and to deal with all Leases until the Lender gives notice to tenants directing that they pay the Rents to the LenderProperty. The Borrower covenants Grantor warrants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any obligations of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possession, or will have the effect of making the Lender responsible for the collection made no prior assignment of the Rents or for the observance or performance or enforcement thereof or of any of the provisions of the Leases either by the Borrower or by any other person, liable to account for any monies except such monies as it actually receives pursuant to this assignment of Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured by this Mortgage. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this make no subsequent assignment without the prior written consent of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment of Rents and LeasesBeneficiary.

Assignment of Rents and Leases. The Borrower hereby assigns to the Lender all right, title title, and interest of the Borrower in the Rents Rent and Leases to have and to hold absolutely until all monies secured by this Mortgage and all obligations of the Borrower in this Mortgage have been fully paid and satisfied. The Borrower hereby grants to the Lender full power and authority to enter upon the Lands to collect the Rents, to demand, collect, xxx for, distrain for, recover, receive and give receipts for the Rents, to enforce payment of the Rents and performance of the obligations of any guarantees of payment and covenants to pay, and to exercise all rights in respect of any or all Leases, Leases in the Lender’s own name or in the name of and as agent for the Borrower, as the Lender may elect, and hereby grants to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, shall be entitled to collect and retain the Rents as and when they become due and payable according to the terms of the Lease and to deal with all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any obligations of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possession, or will have the effect of making the Lender responsible for the collection of the Rents or for the observance or performance or enforcement thereof or of any of the provisions of the Leases either by the Borrower or by any other person, liable to account for any monies except such monies as it actually receives pursuant to this assignment of Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on full a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured by this Mortgage. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment of Rents and Leases.

Assignment of Rents and Leases. The Borrower Grantor hereby assigns presently and absolutely assigns, transfers, conveys and sets over to the Lender Beneficiary all of Grantor's estate, right, title and interest in, to and under the Leases, whether existing on the date hereof or hereafter entered into, together with any changes, extensions, revisions or modifications thereof and all rights, powers, privileges, options and other benefits of Grantor as the lessor under the Leases regarding the current tenants and any future tenants, and all the Rents from the Leases, including those now due, past due or to become due and all Proceeds of the Borrower Hydrocarbons or attributable to the Land and the Leases. Grantor irrevocably appoints Beneficiary its true and lawful attorney-in-fact, at the option of Beneficiary, at any time and from time to time during the existence of a Default Event, to exercise any of Grantor's rights under the Leases, and to demand, receive and enforce payment, to give receipts, releases and satisfaction and to xxx, in the name of Grantor or Beneficiary, for all of the Rents. The power of attorney granted hereby shall be irrevocable and coupled with an interest and shall terminate only upon the payment of all sums due Beneficiary for all losses, costs, damages, fees and expenses whatsoever associated with the exercise of this power of attorney, and Grantor hereby releases Beneficiary from all liability (SPECIFICALLY INCLUDING ANY LIABILITY DUE TO BENEFICIARY'S NEGLIGENCE, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT OR ACTIVE OR PASSIVE, but not as a result of the gross negligence or willful misconduct of Beneficiary) whatsoever for the exercise of the foregoing power of attorney and all actions taken pursuant thereto. The consideration received by Grantor to execute and deliver this assignment and the liens and security interests created herein is legally sufficient and will provide a direct economic benefit to Grantor. It is intended by Grantor and Beneficiary that the assignment set forth herein constitutes an absolute assignment and not merely an assignment for additional security. Notwithstanding the foregoing, this assignment shall not be construed to bind Beneficiary to the performance of any of the covenants, conditions or provisions of Grantor contained in the Leases or otherwise to impose any obligation upon Beneficiary. So long as no Default Event shall have occurred and be continuing, Grantor shall have a license, revocable by Beneficiary during the existence of a Default Event, to possess and control the Leases and collect and receive all Rents. Upon a Default Event such license shall be automatically revoked. The assignment is not intended to constitute a payment of the Secured Obligations and, therefore, Grantor and Beneficiary specifically intend that the Secured Obligations shall not be reduced by the value of the Rents and Leases to have and to hold absolutely until all monies secured by this Mortgage and all obligations of the Borrower in this Mortgage have been fully paid and satisfiedassigned. The Borrower hereby grants to the Lender full power and authority to enter upon the Lands to collect the Rents, to demand, collect, xxx for, distrain for, recover, receive and give receipts for the Rents, to enforce payment of the Rents and performance of the obligations of any guarantees of payment and covenants to paySuch reduction shall occur only if, and to exercise all rights in respect of any or all Leasesthe extent that, in the Lender’s own name or in the name of Beneficiary actually receives Rents and as agent for the Borrower, as the Lender may elect, and hereby grants to the Lender irrevocable authority to join the Borrower in any applies such proceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, shall be entitled to collect and retain the Rents as and when they become due and payable according to the terms of the Lease and to deal with all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any obligations of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possession, or will have the effect of making the Lender responsible for the collection of the Rents or for the observance or performance or enforcement thereof or of any of the provisions of the Leases either by the Borrower or by any other person, liable to account for any monies except such monies as it actually receives pursuant to this assignment of Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured by this Mortgage. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment of Rents and LeasesSecured Obligations.

Assignment of Rents and Leases. The Borrower (a) Debtor hereby assigns assigns, transfers, conveys and sets over to the Lender Mortgagee all of Debtor's estate, right, title and interest in, to and under all leases, whether existing on the date hereof or hereafter entered into (including any extensions, modifications or amendments thereto) relating to the Premises (the "Leases"), if any, together with all rights, powers, privileges, options and other benefits of Debtor as the lessor or lessee under the Leases regarding the current tenants and any future tenants, and all the rents, revenues, profits and income from the Leases with respect to the Premises, excluding Debtor's accounts receivable and those of its tenants and subtenants, including those now due, past due or to become due. Debtor irrevocably appoints Mortgagee its true and lawful attorney-in-fact, at the option of Mortgagee, at any time and from time to time upon an Event of Default, to take possession and control of the Borrower in Premises, pursuant to Debtor's rights as lessor under the Rents Leases, and Leases to have and to hold absolutely until all monies secured by this Mortgage and all obligations of the Borrower in this Mortgage have been fully paid and satisfied. The Borrower hereby grants to the Lender full power and authority to enter upon the Lands to collect the Rents, to demand, collect, xxx for, distrain for, recover, receive and give receipts for the Rentsenforce payment, to enforce payment of the Rents give receipts, releases and performance of the obligations of any guarantees of payment and covenants to pay, satisfaction and to exercise all rights in respect of any or all Leasessxx, in the Lender’s own name or in the name of Debtor or Mortgagee, for all of the rents, revenues, profits and as agent income thereof. It is intended by Debtor and Mortgagee that the assignment set forth herein constitutes an absolute assignment and not merely an assignment for additional security. The consideration received by Debtor to execute and deliver this assignment and the Borrower, as the Lender may elect, liens and hereby grants security interests created herein is legally sufficient and will provide a direct economic benefit to the Lender irrevocable authority to join the Borrower in any such proceedings or actionsDebtor. Notwithstanding that this the foregoing, however, so long as there is no Event of Default, Debtor shall have a present license, revocable upon an Event of Default, to possess and absolute assignmentcontrol the Premises and collect and receive all rents, (subject to redemption on repayment revenues, profits and income. Upon an Event of all monies secured by this Mortgage)Default, the Borrower, as agent for the Lender, such license shall be entitled to collect and retain the Rents as and when they become due and payable according to the terms of the Lease and to deal with all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lenderautomatically revoked. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any obligations of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possession, or will have the effect of making the Lender responsible for the collection of the Rents or for the observance or performance or enforcement thereof or of any of the provisions of the Leases either by the Borrower or by any other person, liable to account for any monies except such monies as it actually receives pursuant to this assignment of Rents and Leases less proper collection chargescontained in this Mortgage are intended to provide Mortgagee with all the rights and remedies of mortgagees pursuant to Section 697.07, inspection feesFlorida Statutes, costs (includingas may be amended from time to time. However, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured by shall this Mortgage. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way reference diminish, novate alter, impair, or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment of Rents and LeasesMortgagee.

Assignment of Rents and Leases. The Borrower As additional security for the Indebtedness secured hereby, Grantor does hereby assigns to the Lender bargain, sell, transfer, assign, convey, set over and deliver unto Beneficiary all right, title and interest of Grantor in, to and under all leases now or hereafter affecting the Borrower in the Rents and Leases to have and to hold absolutely until all monies secured by this Mortgage Property or any part thereof, and all obligations amendments, extensions and renewals of such leases and any of them (which are hereinafter individually referred to as a “Lease” and collectively referred to as the “Leases”), any and all security for the performance of the Borrower lessee’s obligations under a Lease, including without limitation any and all guaranties of lessee’s performance under any Lease, the immediate and continuing right to collect and receive all rents, issues, income, profits and all other amounts which may now or hereafter be or become due or owing under the Leases, and any of them, or on account of the use of the Property, all security deposits, damage deposits and other funds paid to Grantor by any lessee, and any and all amounts received by Grantor in payment of damages (a) as a result of the breach of any Lease by the lessee thereunder, or (b) for termination or rejection of any Lease as a result of any proceeding under the Federal Bankruptcy Code or any other federal, state or local statute which provides for the possible termination or rejection of a Lease (all such items referred to in this Mortgage have been fully paid sentence are sometimes herein collectively referred to as the “Rents”). Grantor will execute and satisfieddeliver to Beneficiary such other specific assignments of rents and leases applicable to the Property as Beneficiary may from time to time request while this Deed of Trust and the Indebtedness are outstanding. The Borrower hereby grants assignment provided for herein is absolute and is effective immediately. Notwithstanding the foregoing, until an Event of Default has occurred hereunder, Grantor shall have a license to the Lender full power receive, collect and authority to enter upon the Lands to collect enjoy the Rents. Upon the occurrence of an Event of Default hereunder, such license shall automatically terminate, Grantor shall immediately turn over to Beneficiary all such Rents which may then be in its possession or under its control, and Beneficiary may, at its option, receive and collect all Rents, as they become due. Beneficiary shall thereafter continue to receive and collect all such Rents as long as such Event of Default shall exist, and during the pendency of any foreclosure proceedings, and during any redemption period. Grantor hereby irrevocably appoints Beneficiary its true and lawful attorney or agent in fact, at the option of Beneficiary and from time to time, to demand, collect, xxx for, distrain for, recover, receive and give receipts for the Rentsenforce payment, to enforce payment of the Rents give receipts, releases and performance of the obligations of any guarantees of payment and covenants to pay, satisfactions and to exercise all rights in respect of any or all Leases, in the Lender’s own name or xxx in the name of Grantor or Beneficiary for or otherwise collect all Rents and apply the same as agent for the Borrower, as the Lender may elect, and hereby grants to the Lender irrevocable authority to join the Borrower in any such proceedings or actionsprovided herein. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, Such appointment shall be entitled deemed to collect and retain the Rents as and when they become due and payable according to the terms of the Lease and to deal be coupled with all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided an interest and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept be revocable by Grantor. Grantor hereby expressly authorizes and directs lessees of any prepayment part of the Rents, nor do Real Property to pay to Beneficiary or omit such nominee as Beneficiary may designate in writing delivered to do and received by such lessees any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any obligations of any other party in connection with and all Rents due Grantor pursuant to the Leases. Nothing herein contained The lessees are expressly relieved of any and all duty, liability or obligation to Grantor in respect of all payments so made. Grantor hereby further authorizes and directs any action taken by the Lender as provided will make the Lender a mortgagee in possession, or will have the effect of making the Lender responsible for the collection property manager of the Real Property to deliver to Beneficiary or such nominee as Beneficiary may designate in writing delivered to and received by such property manager any and all Rents in the possession or for the observance or performance or enforcement thereof or control of such property manager, who is expressly relieved of any and all duty, liability or obligation to Grantor in respect of the provisions of the Leases either by the Borrower or by any other person, liable to account for any monies except such monies as it actually receives pursuant to this assignment of Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when all amounts so received shall, at the discretion of the Lender, be applied on account of the monies secured by this Mortgage. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment of Rents and Leasesdelivered.

Assignment of Rents and Leases. The As part of the consideration for the indebtedness evidenced by the Notes, Borrower hereby absolutely and unconditionally assigns and transfers to Lender all of the leases and subleases now existing or hereafter entered into with respect to the Lender Property, and all rightmodifications, title renewals and interest extensions thereof (such existing and new leases or subleases collectively, the "Leases") and all the rents and revenues, which shall include all security deposits, of the Borrower in the Rents and Leases Property, including those now due, past due, or to have and to hold absolutely until all monies secured by this Mortgage and all obligations of the Borrower in this Mortgage have been fully paid and satisfied. The Borrower hereby grants to the Lender full power and authority to enter upon the Lands to collect the Rents, to demand, collect, xxx for, distrain for, recover, receive and give receipts for the Rents, to enforce payment of the Rents and performance of the obligations of any guarantees of payment and covenants to pay, and to exercise all rights in respect of any or all Leases, in the Lender’s own name or in the name of and as agent for the Borrower, as the Lender may elect, and hereby grants to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, shall be entitled to collect and retain the Rents as and when they become due and payable according to the terms of the Lease and to deal with all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any obligations of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possession, or will have the effect of making the Lender responsible for the collection of the Rents or for the observance or performance or enforcement thereof or virtue of any of the provisions Leases or any other agreement for the occupancy or use of all or any part of the Property, regardless as to whom the rents and revenues of the Property are payable. Borrower hereby authorizes Lender or Lender's agents to exercise all of Borrower's rights under the Leases and to collect the aforesaid rents and revenues and hereby directs each tenant of the Property to pay such rents to Lender or Lender's agents; provided, however, that prior to an Event of Default, Borrower shall exercise all of its rights under the Leases and shall collect and receive all of the rents and revenues of the Property as trustee for the benefit of Lender and Borrower, and as such, Borrower shall apply the rents and revenues so collected to the sums secured by this Instrument in the order provided in Paragraph 3 hereof with the balance, so long as no such Event of Default has occurred, to the account of Borrower. Upon an Event of Default, as provided in Paragraph 20 below, and without the necessity of Lender entering upon and taking and maintaining full control of the Property in person, by agent or by a court- appointed receiver, Lender shall immediately (i) be entitled to exercise all of Borrower's rights under the Leases, and (ii) be entitled to possession of all rents and revenues of the Property as specified in this Paragraph 15 as the same become due and payable, including but not limited to rents then due and unpaid. At the time of any such default by Borrower, any such rents then held by Borrower shall immediately be held by Borrower as trustee for the benefit of Lender only. Borrower agrees that commencing upon an Event of Default, each tenant of the Property shall make such rents payable to and pay such rents to Lender or Lender's agents on Lender's written demand to each tenant therefor, delivered to each tenant personally, by mail or by delivering such demand to each rental unit, without any liability on the part of said tenant to inquire further as to the existence of a default by Borrower. Lender shall not be liable for any loss sustained by Borrower resulting from any failure by Lender either to collect the rents and revenues of the Property or in exercising or failing to exercise any of Borrower's rights under the Leases and Lender shall have no liability to any tenant under any of the Leases either by for the Borrower performance or by observance of any other person, liable to account for any monies except such monies as it actually receives pursuant to this assignment of Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lenderterms, be applied on account of the monies secured by this Mortgage. The giving of this assignment of Rents conditions or obligations contained therein and Leases is by way of additional Borrower hereby agrees to indemnify and collateral security for all monies secured by this Mortgage hold Lender harmless from and not in substitution for against any other security and will not in any way diminish, novate claim or otherwise affect any other security and liability with respect to such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment of Rents and Leases.

Assignment of Rents and Leases. The (a) Borrower hereby presently assigns to the Lender Agent all of Borrower’s right, title and interest in and to any Leases, as defined hereinafter, with respect to the Property, and all rents, issues and profits of the Borrower in Property. “Lease” means every lease or occupancy agreement for the Rents and Leases to have and to hold absolutely until use or hire of all monies secured by this Mortgage and all obligations or any portion of the Property which shall be in effect on the date hereof, or which shall hereafter be entered into, and by which Borrower in this Mortgage have been fully paid is a lessor or the like, and satisfiedany renewals, extensions or other modifications thereof. The Borrower hereby grants to the Lender full power and authority to enter upon the Lands to collect the RentsAgent, to demand, collect, xxx for, distrain for, recover, receive and give receipts for the Rents, to enforce payment of the Rents and performance of the obligations of any guarantees of payment and covenants to pay, and to exercise all rights in respect of any with or all Leases, in the Lender’s own name or in the name of and as agent for the Borrower, as the Lender may elect, and hereby grants to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, shall be entitled to collect and retain the Rents as and when they become due and payable according to the terms of the Lease and to deal with all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower without Agent or any obligations of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possession, or will have the effect of making the Lender responsible for the collection of the Rents or for the observance or performance or enforcement thereof or of any of the provisions of the Leases either by the Borrower or by any other person, liable to account for any monies except such monies as it actually receives pursuant to this assignment of Rents and Leases less proper collection charges, inspection fees, costs Person (including, without limitation, legal fees a receiver) taking possession of the Property, the right to give notice to the tenants of this assignment, to collect rents, issues and disbursements profits from the tenants and to enter onto the Property for the purpose of collecting the same and to let the Property and to apply such rents, issues and profits, after payment of all charges and expenses relating to the Property, to the Obligations. This assignment shall be an absolute assignment, subject to the license herein granted to Borrower and Borrower’s obligations hereunder, and shall continue in effect until the Obligations are fully paid and performed. Agent hereby grants a revocable license to Borrower to collect and use such rents, issues and profits; provided, however, that the foregoing license shall be automatically revoked, without any action on Agent’s part, upon the occurrence of an Event of Default. Notwithstanding any law to the contrary, if there is an Event of Default, and if there is any applicable law requiring Agent to take possession of the Property (or some action equivalent thereto, such as securing the appointment of a full indemnification basis receiver) in order for Agent to “perfect” or otherwise “activate” its rights and in no event less than remedies as set forth herein, then Borrower waives all benefits of such laws and agrees that such laws shall be fully satisfied, without any action on a solicitor and client basis) and other expenses expended Agent’s part, solely by the Lender occurrence of such Event of Default. If, notwithstanding such waiver by Borrower, such laws require the undertaking of some affirmative act by Agent, Borrower agrees that such laws shall be fully satisfied solely by Agent giving Borrower notice, written or oral, that such Event of Default has occurred and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured by this Mortgage. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not that Agent intends to enforce its rights in any way diminishLeases and/or any rents, novate or otherwise affect any other security issues and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment of Rents and Leasesprofits assigned herein.

Assignment of Rents and Leases. The Borrower hereby assigns to the Lender all right, right title and interest of the Borrower in the Rents and Leases to have and to hold absolutely until all monies secured by this Mortgage and all obligations of the Borrower whether contained in this Mortgage or otherwise have been fully paid and satisfied. The Borrower hereby grants to the Lender full power and authority to enter upon the Lands to collect the Rents, to demand, collect, xxx for, distrain for, recover, receive and give receipts for the Rents, to enforce payment of the Rents and performance of the obligations of any guarantees of payment and covenants to pay, pay and to exercise all rights in respect of any or all Leases, in the Lender’s own name or in the name of and as agent for the Borrower, as the Lender may elect, and hereby grants to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, shall be entitled to collect and retain the Rents as and when they become due and payable according to the terms of the Lease and to deal with all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any obligations of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possession, or will have the effect of making the Lender responsible for the collection of the Rents or for the observance or performance or enforcement thereof or of any of the provisions of the Leases either by the Borrower or by any other person, liable to account for any monies except such monies as it actually receives pursuant to this assignment of Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured by this Mortgage. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment of Rents and LeasesRents.

Assignment of Rents and Leases. The (a) Borrower hereby assigns assigns, transfers, conveys and sets over to the Lender all of Borrower’s estate, right, title and interest in, to and under the Leases, whether existing on the date hereof or hereafter entered into, together with any changes, extensions, revisions or modifications thereof and all rights, powers, privileges, options and other benefits of Borrower as the lessor under the Leases regarding the current tenants and any future tenants, and all the Rents from the Leases, including those now due, past due or to become due. Borrower irrevocably appoints Lender its true and lawful attorney-in-fact, at the option of Lender, at any time and from time to time upon the occurrence and during the continuance of an Event of Default, to take possession and control of the Borrower in Premises, pursuant to Borrower’s rights under the Rents Leases, to exercise any of Borrower’s rights under the Leases, and Leases to have and to hold absolutely until all monies secured by this Mortgage and all obligations of the Borrower in this Mortgage have been fully paid and satisfied. The Borrower hereby grants to the Lender full power and authority to enter upon the Lands to collect the Rents, to demand, collect, xxx for, distrain for, recover, receive and give receipts for the Rentsenforce payment, to enforce payment of the Rents give receipts, releases and performance of the obligations of any guarantees of payment and covenants to pay, satisfaction and to exercise all rights in respect of any or all Leasesxxx, in the Lender’s own name or in the name of and as agent for the Borrower, as the Lender may elect, and hereby grants to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, shall be entitled to collect and retain the Rents as and when they become due and payable according to the terms of the Lease and to deal with for all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents. The power of attorney granted hereby shall be irrevocable and coupled with an interest and shall terminate only upon the payment of all sums due Lender for all losses, nor do or omit to do any act having costs, damages, fees and expenses whatsoever associated with the effect exercise of waivingthis power of attorney, releasing, reducing or abating any rights or remedies and Borrower hereby releases Lender from all liability (other than as a result of the Borrower gross negligence or any obligations willful misconduct of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possession, or will have the effect of making the Lender responsible Lender) whatsoever for the collection exercise of the Rents or foregoing power of attorney and all actions taken pursuant thereto. The consideration received by Borrower to execute and deliver this assignment and the liens and security interests created herein is legally sufficient and will provide a direct economic benefit to Borrower. It is intended by Borrower and Lender that the assignment set forth herein constitutes an absolute assignment and not merely an assignment for additional security. Notwithstanding the observance or foregoing, this assignment shall not be construed to bind Lender to the performance or enforcement thereof or of any of the covenants, conditions or provisions of Borrower contained in the Leases either by the Borrower or by otherwise to impose any other person, liable to account for any monies except such monies as it actually receives pursuant to this assignment of Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the obligation upon Lender, and, so long as no Event of Default shall have occurred and be applied on account of the monies secured by this Mortgage. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way diminishcontinuing, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute have a license, revocable upon an Event of Default, to possess and deliver control the Premises and collect and receive all Rents. Upon an Event of Default, such further assuranceslicense shall be automatically revoked. Xxxxxxxx Xx. 00000 GE No. 8004-2212 0000 Xxxxxx Xxxxx Wilmington, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment of Rents and Leases.North Carolina

Assignment of Rents and Leases. The Borrower hereby assigns to the Lender all rightrents, title income, security deposits and interest profits of the Borrower in the Rents and Leases to have and to hold absolutely until all monies secured by this Mortgage Premises and all obligations leases at any time existing are hereby assigned to Mortgagee as further security for the payment of said indebtedness, and Mortgagor shall, on demand, surrender possession of the Borrower in this Mortgage have been fully paid Premises and satisfied. The Borrower Improvements and Chattels to Mortgagee, and hereby grants consents that, at any time after such demand, Mortgagee may enter upon and take possession of the Premises and Improvements and Chattels and let the same and collect all rents, income and profits therefrom which are due or to become due and apply the Lender full power same, after payment of all charges and authority expenses, on account of any part of said indebtedness, whether matured or not, but Mortgagee hereby waives the right to enter upon and take possession of the Lands to collect the Rents, to demand, collect, xxx for, distrain for, recover, receive Premises and give receipts Improvements and Chattels for the Rentspurpose of collecting said rents, to enforce payment of the Rents income and performance of the obligations of any guarantees of payment and covenants to payprofits, and to exercise all rights in respect of any or all Leases, in the Lender’s own name or in the name of and as agent for the Borrower, as the Lender may elect, and hereby grants to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, Mortgagor shall be entitled to collect and retain the Rents receive said rents, income and profits (except as might be otherwise provided in any assignment of rents and when they become due and payable according to the terms of the Lease and to deal with all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any obligations of any other party leases executed in connection with this Mortgage), until the Leasesoccurrence of an Event of Default. Nothing herein contained or any action taken If an Event of Default occurs, Mortgagee, by the Lender as provided will make the Lender a mortgagee in virtue of such right to possession, or will have as the effect agent of making Mortgagor may dispossess, by the Lender responsible usual summary proceedings, any tenant then or thereafter in default in the payment of any rent, and Mortgagor hereby irrevocably appoints Mortgagee the agent of Mortgagor for such purpose. In the event that Mortgagor is an occupant of the Premises or the Improvements, Mortgagor agrees to surrender possession of the Premises or Improvements so occupied as Mortgagee may demand and in default of so doing, Mortgagor may also be dispossessed by the usual summary proceedings. Mortgagor makes these covenants for the collection benefit of Mortgagee and any subsequent owner of the Rents or for Mortgaged Property and these covenants shall become effective immediately after the observance or performance or enforcement thereof or happening of any Event of Default solely on the provisions determination of Mortgagee, provided Mortgagee shall give notice of such determination to Mortgagor. In case of foreclosure and the Leases either by appointment of a receiver of rents, the Borrower or by any other person, liable covenants herein contained shall inure to account for any monies except the benefit of such monies as it actually receives pursuant to this assignment of Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured by this Mortgage. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment of Rents and Leasesreceiver.

Assignment of Rents and Leases. The Borrower Mortgagor hereby presently assigns to the Lender all of Mortgagor’s right, title and interest in and to any Leases, as defined hereinafter, with respect to the Property, and all rents, issues and profits of the Borrower in Property. “Lease” shall mean every lease or sublease or occupancy agreement for the Rents and Leases to have and to hold absolutely until use or hire of all monies secured by this Mortgage and all obligations or any portion of the Borrower Property which shall be in this Mortgage have been fully paid effect on the date hereof, or which shall hereafter be entered into, and satisfiedby which Mortgagor is a lessor or the like, and any renewals, extensions or other modifications thereof. The Borrower hereby Mortgagor grants to the Lender full power and authority to enter upon the Lands to collect the Rents, to demand, collect, xxx for, distrain for, recover, receive and give receipts for the Rents, to enforce payment of the Rents and performance of the obligations of any guarantees of payment and covenants to pay, and to exercise all rights in respect of any or all Leases, in the Lender’s own name or in the name of and as agent for the Borrower, as the Lender may elect, and hereby grants to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, shall be entitled to collect and retain the Rents as and when they become due and payable according to the terms of the Lease and to deal with all Leases until the or without Lender gives notice to tenants directing that they pay the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any obligations of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possession, or will have the effect of making the Lender responsible for the collection of the Rents or for the observance or performance or enforcement thereof or of any of the provisions of the Leases either by the Borrower or by any other person, liable to account for any monies except such monies as it actually receives pursuant to this assignment of Rents and Leases less proper collection charges, inspection fees, costs Person (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basisreceiver) and other expenses expended by the Lender and such monies when so received shall, at the discretion taking possession of the Property, the right to give notice to the tenants of this assignment, to collect rents, issues and profits from the tenants and to enter onto the Property for purposes of collecting the same and to let the Property and to apply such rents, issues and profits, after payment of all charges and expenses relating to the Property, to the Obligations. This assignment shall be an absolute assignment, subject to the license herein granted to Mortgagor and Mortgagor’s obligations hereunder, and shall continue in effect until the Obligations are fully paid and performed. Lender hereby grants a revocable license to Mortgagor to collect and use such rents, issues and profits; provided, however, that the foregoing license shall be automatically revoked, without any action on Lender’s part, upon the occurrence of an Event of Default. Mortgagor hereby agrees to indemnify Lender for, and hold Lender harmless from, any and all liability and expenses arising from any such Lease or other agreement or any assignments thereof, and no assignment of any such Lease or other agreement shall place the responsibility for the control, care, management or repair of the Property upon Lender, be applied on account nor make Lender liable for any negligence or other tortious conduct, whether by Lender or any other Person, with respect to the management, operation, upkeep, repair or control of the monies secured by this MortgageProperty resulting in injury, death, property or other damage or loss of any nature whatsoever. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and Mortgagor shall not in substitution for any other security and will not in any way diminishcancel, novate amend or otherwise affect modify the terms and conditions of any other security and such other security will not diminish, novate Lease without obtaining Lender’s prior consent; nor shall Mortgagor accept payments of rent or otherwise affect this assignment of Rents and Leasesthe like more than one month in advance without obtaining Lender’s prior consent. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require exercise Lender’s rights from time to time under this section without first commencing foreclosure proceedings against the Property if Lender so elects. Any such election by Lender to perfect exercise Lender’s rights from time to time under this assignment of Rents and Leasessection shall not prohibit Lender from simultaneously or thereafter foreclosing upon the Property or exercising any other rights available to Lender hereunder or at law.

Assignment of Rents and Leases. The Borrower As further security for the payment of the Indebtedness, Mortgagor hereby presently, irrevocably, absolutely and unconditionally transfers, assigns to the Lender and sets over unto Mortgagee all of its right, title and interest in and to all present and future leases, lease termination agreements, license agreements, concession agreements, parking management agreements and other occupancy agreements of any nature, oral or written, of the Borrower Land and space in the Rents Improvements, together with all modifications, supplements, extensions, renewals and Leases replacements thereof now existing or hereafter made, and also together with the rights to have and to hold absolutely until all monies secured by this Mortgage and all obligations of the Borrower in this Mortgage have been fully paid and satisfied. The Borrower hereby grants to the Lender full power and authority to enter upon the Lands to collect the Rents, to demand, collect, xxx for, distrain forcollect and receive all rents, recoverprepaid rents, receive additional rents, royalties, security deposits, damages payable upon default by tenant, or other sums in any of said leases provided to be paid to the lessor thereunder, profits, income, license fees, concession fees and give receipts for issues of the Security (collectively, "Rents"), to enforce be applied by Mortgagee in payment of the Rents Indebtedness and performance also together with any and all guaranties of the obligations of the tenants thereunder and the rights of Mortgagor to receive, hold and apply all bonds and security in all of said leases provided to be furnished to the lessor thereunder, and also together with the rights of Mortgagor to enforce any guarantees and all of payment the agreements, terms, covenants and covenants conditions in all of said leases provided and to paygive notices thereunder. Provided, however, that until an Event of Default occurs hereunder, Mortgagor shall have a revocable license to collect the Rents and to exercise and enjoy all rights in respect of the aforesaid rights, privileges and benefits. Mortgagee may receive and collect the Rents personally or through a receiver upon the occurrence of an Event of Default, and during the pendency of any foreclosure proceeding and during any redemption period. Upon the occurrence of an Event of Default, Mortgagor agrees to consent to a receiver if this is believed necessary or desirable by Mortgagee to enforce its rights under this Section. Notwithstanding anything contained herein to the contrary, if all Leases, outstanding Events of Default are subsequently cured or waived prior to Acceleration of Maturity (as defined in the Lender’s own name or in the name of and as agent for the Borrower, as the Lender may elect, and hereby grants to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this MortgageNote), then Mortgagor automatically shall have the Borrower, as agent for the Lender, shall be entitled same revocable license to collect and retain the Rents as and when they become due and payable according to the terms of the Lease and to deal with all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases enjoy all of the aforesaid rights, privileges, and other benefits benefits. Mortgagor shall not otherwise assign or pledge, or contract, expressly or by implication, to assign or pledge, any lease of the Land or space in the Improvements or the rights to xxx for, collect and receive any Rents, or the rights to receive, hold and apply any bonds and security in any of said leases provided to be furnished to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any obligations of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possessionlessor thereunder, or will have the effect of making the Lender responsible for the collection of the Rents or for the observance or performance or enforcement thereof or of rights to enforce any of the provisions agreements, terms, covenants or conditions of said leases or to give notices thereunder, unless in each instance the written consent thereto of Mortgagee be first obtained. Nothing in this Mortgage shall be construed to obligate Mortgagee, expressly or by implication, to perform any of the Leases either covenants of Mortgagor as lessor under any of the leases hereinabove assigned or to pay any sum of money or damages therein provided to be paid by the Borrower or by any other personlessor. If, liable to account for any monies except such monies as it actually receives pursuant to this assignment notwithstanding the occurrence of Rents and Leases less proper collection chargesan Event of Default, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured by this Mortgage. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower Mortgagee shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time suffer or permit Mortgagor to perfect this assignment xxx for, collect or receive any Rents, or to receive, hold or apply any bonds or security under any of the leases hereinabove assigned, or to enforce any of the agreements, terms, covenants or conditions thereunder or to give notices under said leases, after the occurrence of an Event of Default, neither such sufferance nor permission shall constitute a waiver or relinquishment by Mortgagee of the rights hereunder and hereby assigned to Mortgagee with respect to any subsequent Rents, or with respect to any subsequent receipt, holding or application of bonds or security or any subsequent enforcement of such agreements, terms, covenants or conditions or any subsequent notices; provided, however, notwithstanding the foregoing, it is agreed by Mortgagee that if all outstanding Events of Default are cured or waived prior to Acceleration of Maturity, then Mortgagor automatically shall have the same revocable license to collect the Rents and Leasesto otherwise deal with the leases as aforesaid.

Assignment of Rents and Leases. The Borrower As further security for the payment of the Indebtedness, Mortgagors hereby assigns to the Lender presently, irrevocably, absolutely and unconditionally transfer, assign and set over unto Mortgagee all of their individual and collective right, title and interest in and to all present and future leases, lease termination agreements, license agreements, concession agreements, parking management agreements and other occupancy agreements of any nature, oral or written, of the Borrower Land and space in the Rents Improvements, together with all modifications, supplements, extensions, renewals and Leases replacements thereof now existing or hereafter made, and also together with the rights to have and to hold absolutely until all monies secured by this Mortgage and all obligations of the Borrower in this Mortgage have been fully paid and satisfied. The Borrower hereby grants to the Lender full power and authority to enter upon the Lands to collect the Rents, to demand, collect, xxx for, distrain forcollect and receive all rents, recoverprepaid rents, receive additional rents, royalties, security deposits, damages payable upon default by tenant, or other sums in any of said leases provided to be paid to the lessor thereunder, profits, income, license fees, concession fees and give receipts for issues of the Security (collectively, "Rents"), to enforce be applied by Mortgagee in payment of the Rents Indebtedness and performance also together with any and all guaranties of the obligations of the tenants thereunder and the rights of Mortgagors to receive, hold and apply all bonds and security in all of said leases provided to be furnished to the lessor thereunder, and also together with the rights of Mortgagors to enforce any guarantees and all of payment the agreements, terms, covenants and covenants conditions in all of said leases provided and to paygive notices thereunder. Provided, however, that until an Event of Default occurs hereunder, Mortgagors shall have a revocable license to collect the Rents and to exercise and enjoy all rights in respect of the aforesaid rights, privileges and benefits. Mortgagee may receive and collect the Rents personally or through a receiver upon the occurrence of an Event of Default, and during the pendency of any foreclosure proceeding and during any redemption period. Upon the occurrence of an Event of Default, Mortgagors agree to consent to a receiver if this is believed necessary or desirable by Mortgagee to enforce its rights under this Section. Notwithstanding anything contained herein to the contrary, if all Leases, outstanding Events of Default are subsequently cured or waived prior to Acceleration of Maturity (as defined in the Lender’s own name or in the name of and as agent for the Borrower, as the Lender may elect, and hereby grants to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this MortgageNote), then Mortgagors automatically shall have the Borrower, as agent for the Lender, shall be entitled same revocable license to collect and retain the Rents as and when they become due and payable according to the terms of the Lease and to deal with all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases enjoy all of the aforesaid rights, privileges, and other benefits benefits. Mortgagors shall not otherwise assign or pledge, or contract, expressly or by implication, to assign or pledge, any lease of the Land or space in the Improvements or the rights to xxx for, collect and receive any Rents, or the rights to receive, hold and apply any bonds and security in any of said leases provided to be furnished to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any obligations of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possessionlessor thereunder, or will have the effect of making the Lender responsible for the collection of the Rents or for the observance or performance or enforcement thereof or of rights to enforce any of the provisions agreements, terms, covenants or conditions of said leases or to give notices thereunder, unless in each instance the written consent thereto of Mortgagee be first obtained. Nothing in this Mortgage shall be construed to obligate Mortgagee, expressly or by implication, to perform any of the Leases either covenants of Mortgagors as lessor under any of the leases hereinabove assigned or to pay any sum of money or damages therein provided to be paid by the Borrower or by any other personlessor. If, liable to account for any monies except such monies as it actually receives pursuant to this assignment notwithstanding the occurrence of Rents and Leases less proper collection chargesan Event of Default, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured by this Mortgage. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower Mortgagee shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time suffer or permit Mortgagors to perfect this assignment xxx for, collect or receive any Rents, or to receive, hold or apply any bonds or security under any of the leases hereinabove assigned, or to enforce any of the agreements, terms, covenants or conditions thereunder or to give notices under said leases, after the occurrence of an Event of Default, neither such sufferance nor permission shall constitute a waiver or relinquishment by Mortgagee of the rights hereunder and hereby assigned to Mortgagee with respect to any subsequent Rents, or with respect to any subsequent receipt, holding or application of bonds or security or any subsequent enforcement of such agreements, terms, covenants or conditions or any subsequent notices; provided, however, notwithstanding the foregoing, it is agreed by Mortgagee that if all outstanding Events of Default are cured or waived prior to Acceleration of Maturity, then Mortgagors automatically shall have the same revocable license to collect the Rents and Leasesto otherwise deal with the leases as aforesaid.

Assignment of Rents and Leases. The Borrower (a) Grantor hereby assigns assigns, transfers, conveys and sets over to the Lender Grantee all of Grantor’s estate, right, title and interest in, to and under the Leases, whether existing on the date hereof or hereafter entered into, together with any changes, extensions, revisions or modifications thereof and all rights, powers, privileges, options and other benefits of Grantor as the lessor under the Leases regarding the current tenants and any future tenants, and all the Rents from the Leases, including those now due, past due or to become due. Grantor irrevocably appoints Grantee its true and lawful attorney-in-fact, at the option of Grantee, at any time and from time to time upon the occurrence and during the continuance of an Event of Default, to take possession and control of the Borrower in Premises, pursuant to Grantor’s rights under the Rents Leases, to exercise any of Grantor’s rights under the Leases, and Leases to have and to hold absolutely until all monies secured by this Mortgage and all obligations of the Borrower in this Mortgage have been fully paid and satisfied. The Borrower hereby grants to the Lender full power and authority to enter upon the Lands to collect the Rents, to demand, collect, xxx for, distrain for, recover, receive and give receipts for the Rentsenforce payment, to enforce payment of the Rents give receipts, releases and performance of the obligations of any guarantees of payment and covenants to pay, satisfaction and to exercise all rights in respect of any or all Leasesxxx, in the Lender’s own name or in the name of and as agent Grantor or Grantee, for the Borrower, as the Lender may elect, and hereby grants to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, shall be entitled to collect and retain the Rents as and when they become due and payable according to the terms of the Lease and to deal with all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents. The power of attorney granted hereby shall be irrevocable and coupled with an interest and shall terminate only upon the payment of all sums due Grantee for all losses, nor do or omit to do any act having costs, damages, fees and expenses whatsoever associated with the effect exercise of waivingthis power of attorney, releasing, reducing or abating any rights or remedies and Grantor hereby releases Grantee from all liability (other than as a result of the Borrower gross negligence or any obligations willful misconduct of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possession, or will have the effect of making the Lender responsible Grantee) whatsoever for the collection exercise of the Rents or foregoing power of attorney and all actions taken pursuant thereto. The consideration received by Grantor to execute and deliver this assignment and the liens and security interests created herein is legally sufficient and will provide a direct economic benefit to Grantor. It is intended by Grantor and Grantee that the assignment set forth herein constitutes an absolute assignment and not merely an assignment for additional security. Notwithstanding the observance or foregoing, this assignment shall not be construed to bind Grantee to the performance or enforcement thereof or of any of the covenants, conditions or provisions of Grantor contained in the Leases either by the Borrower or by any other person, liable to account for any monies except such monies as it actually receives pursuant to this assignment of Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured by this Mortgage. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect to impose any other security obligation upon Grantee, and, so long as no Event of Default shall have occurred and be continuing, Grantor shall have a license, revocable upon an Event of Default, to possess and control the Premises and collect and receive all Rents. Upon an Event of Default, such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may license shall be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment of Rents and Leasesautomatically revoked.

Assignment of Rents and Leases. The Borrower hereby assigns to the Lender all right, title and interest of the Borrower in the Rents and Leases to have and to hold absolutely until all monies secured by this Mortgage and all obligations of the Borrower in this Mortgage have been fully paid and satisfied. The Borrower hereby grants to the Lender full power and authority to enter upon the Lands to collect the Rents, to demand, collect, xxx for, distrain for, recover, receive and give receipts As additional security for the Rents, to enforce payment of the Rents indebtedness, Mortgagor assigns and performance transfers to Mortgagee, pursuant to 1953 PA 210, as amended by 1966 PA 151 (MCLA 554.231 et seq.), MSA 26.1137(l) et seq.), all the rents, profits, and income under all leases, occupancy agreements, or arrangements upon or affecting the premises (including any extensions or amendments) now in existence or coming into existence during the period this mortgage is in effect. This assignment shall run with the land and be good and valid as against Mortgagor and those claiming under or through Mortgagor. This assignment shall continue to be operative during foreclosure or any other proceedings to enforce this mortgage. If a foreclosure sale results in a deficiency, this assignment shall stand as security during the redemption period for the payment of the obligations deficiency. This assignment is given only as collateral security and shall not be construed as obligating Mortgagee to perform any of the covenants or undertakings required to be performed by Mortgagor in any guarantees leases. In the event of payment default in any of the terms or covenants of this mortgage, Mortgagee shall be entitled to all of the rights and covenants to paybenefits of MCLA 554.231B.233, MSA 26.1137(1)B(3))and 1966 PA 151, and to exercise all rights in respect of any or all Leases, in the Lender’s own name or in the name of and as agent for the Borrower, as the Lender may elect, and hereby grants to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, Mortgagee shall be entitled to collect the rents and retain income from the Rents as premises, to rent or lease the premises on the terms that it may deem best, and when they become due and payable according to maintain proceedings to recover rents or possession of the premises from any tenant or trespasser. Mortgagee shall be entitled to enter the premises for the purpose of delivering notices or other communications to the terms tenants and occupants. Mortgagee shall have no liability to Mortgagor as a result of those acts. Mortgagee may deliver all of the Lease notices and communications by ordinary first-class U.S. mail. If Mortgagor obstructs Mortgagee in its efforts to deal collect the rents and income from the premises or unreasonably refuses or neglects to assist Mortgagee in collecting the rent and income, Mortgagee shall be entitled to appoint a receiver for the premises and the income, rents, and profits, with all Leases until powers that the Lender gives notice to tenants directing that they pay court making the Rents appointment may confer. Mortgagor shall at no time collect advance rent in excess of one month under any lease pertaining to the Lender. The Borrower covenants that it now has good premises, and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and Mortgagee shall not further assign, pledge be bound by any rent prepayment made or otherwise encumber the Rents received in violation of this paragraph. Mortgagee shall not have any obligation to collect rent or Leases, accept to enforce any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any other obligations of any other party in connection with tenant or occupant of the Leasespremises to Mortgagor. Nothing herein contained or any No action taken by the Lender as provided will make the Lender Mortgagee under this paragraph shall cause Mortgagee to become a "mortgagee in possession, or will have the effect of making the Lender responsible for the collection of the Rents or for the observance or performance or enforcement thereof or of any of the provisions of the Leases either by the Borrower or by any other person, liable to account for any monies except such monies as it actually receives pursuant to this assignment of Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured by this Mortgage. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment of Rents and Leases."

Assignment of Rents and Leases. The Borrower hereby Mortgagor assigns and transfers to the Lender Bank, as additional security for the Obligations, all right, title and interest of the Borrower Mortgagor in and to all leases which now exist or hereafter may be executed by or on behalf of the Mortgagor covering the Premises, and any extensions or renewals thereof, together with all Rents. Upon default under this Mortgage or any of the Loan Documents or any Obligation (notwithstanding any cure period), the Bank shall be immediately entitled to the Rents and Leases the Bank may, at its option, affirmatively perfect its claim to have the Rents by executing and delivering written notice to hold absolutely until all monies secured by this Mortgage and all obligations the Mortgagor declaring that the Rents are the property of the Borrower in this Mortgage have been fully paid Bank. After the giving of such notice, the Bank, at its option without notice and satisfied. The Borrower hereby grants without seeking or obtaining the appointment of a receiver or taking actual possession of the Premises may (a) give notice to any tenant(s) that the tenant(s) should begin making payments under their lease agreement(s) directly to the Lender full power Bank or its designee; (b) commence a foreclosure action and authority to enter upon the Lands to collect the Rents, to demand, collect, xxx for, distrain for, recover, receive and file a motion for appointment of a receiver; or (c) give receipts for the Rents, to enforce payment of the Rents and performance of the obligations of any guarantees of payment and covenants to pay, and to exercise all rights in respect of any or all Leases, in the Lender’s own name or in the name of and as agent for the Borrower, as the Lender may elect, and hereby grants notice to the Lender irrevocable authority Mortgagor that the Mortgagor should collect all Rents arising from the Premises and remit them to join the Borrower in any such proceedings or actions. Notwithstanding Bank upon collection and that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, shall be entitled to collect and retain the Rents as and when they become due and payable according to Mortgagor should enforce the terms of the Lease lease(s) to ensure prompt payment by tenant(s) under the lease(s). All Rents received by the Mortgagor shall be held in trust by the Mortgagor for the Bank. All such payments received by the Bank shall be applied, first, in such manner and order as may be prescribed by Minnesota Statutes Section 576.01, as amended, and, second, in any manner and order of payment as the Bank determines to deal with all Leases until payments required under this Mortgage, the Lender gives notice Loan Documents and the Obligations. The Mortgagor agrees to tenants directing that they pay the hold each tenant harmless from actions relating to tenant’s payment of Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any obligations of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possession, or will have the effect of making the Lender responsible for the collection of the Rents or for the observance or performance or enforcement thereof or of any of the provisions of the Leases either by the Borrower or by any other person, liable to account for any monies except such monies as it actually receives pursuant to this assignment of Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured by this Mortgage. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment of Rents and LeasesBank.

Assignment of Rents and Leases. The Borrower hereby assigns to the Lender all right, title and interest of the Borrower in the Rents and Leases to have and to hold absolutely until all monies secured by this Mortgage and all obligations of the Borrower in this Mortgage have been fully paid and satisfied. The Borrower hereby grants to the Lender full power and authority to enter upon the Lands to collect the Rents, to demand, collect, xxx for, distrain for, recover, receive and give receipts As additional security for the Rents, to enforce payment of the Rents indebtedness, Mortgagor assigns and performance transfers to Mortgagee, pursuant to 1953 PA 210, as amended by 1966 PA 151 (MCLA 554.231 et seq., MSA 26.1137(l) et seq.), all the rents, profits, and income under all leases, occupancy agreements, or arrangements upon or affecting the premises (including any extensions or amendments) now in existence or coming into existence during the period this Consolidated Mortgage is in effect. This assignment shall nm with the land and be good and valid as against Mortgagor and those claiming under or through Mortgagor. This assignment shall continue to be operative during foreclosure or any other proceedings to enforce this Consolidated Mortgage. If a foreclosure sale results in a deficiency, this assignment shall stand as security during the redemption period for the payment of the obligations deficiency. This assignment is given only as collateral security and shall not be construed as obligating Mortgagee to perform any of the covenants or undertakings required to be performed by Mortgagor in any guarantees leases. In the event of payment default in any of the s or covenants of this Consolidated Mortgage, Mortgagee shall be entitled to all of the rights and covenants to paybenefits of MCLA 554.231B.233, MSA 26.1137(1)B(3) and 1966 PA 151, and to exercise all rights in respect of any or all Leases, in the Lender’s own name or in the name of and as agent for the Borrower, as the Lender may elect, and hereby grants to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, Mortgagee shall be entitled to collect the rents and retain income from the Rents as premises, to rent or lease the premises on the s that it may deem best, and when they become due and payable according to maintain proceedings to recover rents or possession of the premises from any tenant or trespasser. Mortgagee shall be entitled to enter the premises for the purpose of delivering notices or other communications to the terms tenants and occupants. Mortgagee shall have no liability to Mortgagor as a result of those acts. Mortgagee may deliver all of the Lease notices and communications by ordinary first-class U.S. mail. If Mortgagor obstructs Mortgagee in its efforts to deal collect the rents and income from the premises or unreasonably refuses or neglects to assist Mortgagee in collecting the rent and income, Mortgagee shall be entitled to appoint a receiver for the premises and the income, rents, and profits, with all Leases until powers that the Lender gives notice to tenants directing that they pay court making the Rents appointment may confer. Mortgagor shall at no time collect advance rent in excess of one month under any lease pertaining to the Lender. The Borrower covenants that it now has good premises, and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and Mortgagee shall not further assign, pledge be bound by any rent prepayment made or otherwise encumber the Rents received in violation of this paragraph. Mortgagee shall not have any obligation to collect rent or Leases, accept to enforce any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any other obligations of any other party in connection with tenant or occupant of the Leasespremises to Mortgagor. Nothing herein contained or any No action taken by the Lender as provided will make the Lender Mortgagee under this paragraph shall cause Mortgagee to become a "mortgagee in possession, or will have the effect of making the Lender responsible for the collection of the Rents or for the observance or performance or enforcement thereof or of any of the provisions of the Leases either by the Borrower or by any other person, liable to account for any monies except such monies as it actually receives pursuant to this assignment of Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured by this Mortgage. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment of Rents and Leases."

Assignment of Rents and Leases. The Borrower Debtor hereby assigns to the Lender Secured Party all right, title rents and interest other benefits derived or to be derived from leases ("Leases") of the Borrower in inventory now or hereafter existing or entered into, together with all guarantees, amendments, modifications, extensions and renewals thereof (the "Rents"). Prior to a foreclosure by Secured Party of any lien or security interest which Secured Party may now or hereafter hold covering the inventory, this Assignment of Rents is not intended to, and Leases shall not, constitute payment to have and to hold absolutely until all monies secured by this Mortgage and all obligations of the Borrower in this Mortgage have been fully paid and satisfied. The Borrower hereby grants to the Lender full power and authority to enter upon the Lands Secured Party, unless Secured Party terminates Debtor's license to collect the Rents, and then it shall constitute payment only to demandthe extent that prior to foreclosure the Rents are actually received by Secured Party as opposed to constituting a portion of the voluntary payments of principal and interest on the indebtedness evidenced and secured hereby, collect, xxx for, distrain for, recover, receive and give receipts are not used for the Rentsoperation, maintenance or repair of the inventory, or for the payment of costs and expenses in connection therewith. Except as otherwise provided herein, Secured Party shall have the absolute right, power and authority to enforce payment take any and all actions which Secured Party deems necessary or appropriate in connection with taking possession of the inventory, leasing all or any part of the inventory, collecting all or any of the Rents and performance enforcing the rights of the obligations lessor under any of the leases, including without limitation, bringing, prosecuting, defending or settling legal proceedings against lessees of the inventory. Notwithstanding anything herein to the contrary, Secured Party shall not be obligated to perform or discharge, and Secured Party does not undertake to perform or discharge, any guarantees obligation, duty or liability with respect to the Leases or the Rents under or by reason of payment this Assignment. This Assignment shall not operate to place responsibility for the control, care, maintenance or repair of the inventory upon Secured Party, or for any dangerous or defective condition of the Inventory, or for any negligence in the arrangement, upkeep, repair, or control of the inventory. Debtor shall retain a revokable license to collect and covenants to payreceive the Rents as the agent of Secured Party, and to exercise all rights in respect retain, use and enjoy such Rents, provided that such revokable license ipso facto terminate without further action by Secured Party and without notice to Debtor upon the occurrence of any default or all Leases, in the Lender’s own name or in the name event of and default as agent for the Borrower, as the Lender may elect, and hereby grants to the Lender irrevocable authority to join the Borrower defined in any such proceedings note, deed of trust, security agreement, guaranty, financing statement, fixture filing or actions. Notwithstanding that this is a present and absolute assignment, (subject other loan documents given to redemption on repayment of all monies secured Secured Party by this Mortgage), the Borrower, as agent for the Lender, shall be entitled to collect and retain the Rents as and when they become due and payable according to the terms of the Lease and to deal with all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and shall not further assign, pledge Debtor or otherwise encumber the Rents or Leases, accept any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any obligations of any other party in connection with the Leases. Nothing herein contained any indebtedness or any action taken by the Lender as provided will make the Lender a mortgagee in possession, or will have the effect obligation of making the Lender responsible for the collection of the Rents or for the observance or performance or enforcement thereof or of any of the provisions of the Leases either by the Borrower or by any other person, liable Debtor to account for any monies except such monies as it actually receives pursuant to this assignment of Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured by this Mortgage. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment of Rents and LeasesSecured Party.

Assignment of Rents and Leases. The Borrower (a) Debtor hereby assigns assigns, transfers, conveys and sets over to the Lender Mortgagee all of Debtor's estate, right, title and interest in, to and under all leases, whether existing on the date hereof or hereafter entered into (including any extensions, modifications or amendments thereto) relating to the Premises (the "Leases"), together with all rights, powers, privileges, options and other benefits of Debtor as the lessor or lessee under the Leases regarding the current tenants and any future tenants, and all the rents, revenues, profits and income from the Leases with respect to the Premises, excluding Debtor's accounts receivable and those of its tenants and subtenants, including those now due, past due or to become due. Debtor irrevocably appoints Mortgagee its true and lawful attorney-in-fact, at the option of Mortgagee, at any time and from time to time upon an Event of Default, to take possession and control of the Borrower in Premises, pursuant to Debtor's rights as lessor under the Rents Leases, and Leases to have and to hold absolutely until all monies secured by this Mortgage and all obligations of the Borrower in this Mortgage have been fully paid and satisfied. The Borrower hereby grants to the Lender full power and authority to enter upon the Lands to collect the Rents, to demand, collect, xxx for, distrain for, recover, receive and give receipts for the Rentsenforce payment, to enforce payment of the Rents give receipts, releases and performance of the obligations of any guarantees of payment and covenants to pay, satisfaction and to exercise all rights in respect of any or all Leasesxxx, in the Lender’s own name or in the name of and as agent Debtor or Mortgagee, for the Borrower, as the Lender may elect, and hereby grants to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, shall be entitled to collect and retain the Rents as and when they become due and payable according to the terms of the Lease rents, revenues, profits and to deal with all Leases until income thereof. It is intended by Debtor and Mortgagee that the Lender gives notice to tenants directing that they pay the Rents to the Lenderassignment set forth herein constitutes an absolute assignment and not merely an assignment for additional security. The Borrower covenants that it now has good and sufficient power, authority and right consideration received by Debtor to assign the Rents and Leases and other benefits to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any obligations of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possession, or will have the effect of making the Lender responsible for the collection of the Rents or for the observance or performance or enforcement thereof or of any of the provisions of the Leases either by the Borrower or by any other person, liable to account for any monies except such monies as it actually receives pursuant to this assignment of Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured by this Mortgage. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment and the liens and security interests created herein is legally sufficient and will provide a direct economic benefit to Debtor. Notwithstanding the foregoing, however, so long as there is no Event of Rents Default (taking into consideration the expiration of any applicable cure period), Debtor shall have a license, revocable upon such Event of Default, to possess and Leasescontrol the Premises and collect and receive all rents, revenues, profits and income. Upon an Event of Default (after the expiration of any applicable grace and cure period), such license shall be automatically revoked.

Assignment of Rents and Leases. The Borrower hereby assigns Subject to the Lender limited license granted by Mortgagor in the Assignment of Rents and Leases (defined below), Mortgagor hereby presently, irrevocably, absolutely and unconditionally transfers, assigns and sets over unto Mortgagee all of its right, title and interest in and to all present and future leases, subleases, license agreements, concession agreements, lease termination agreements and other occupancy agreements of any nature, oral or written, of all or any portion of the Borrower Real Property, together with all modifications, supplements, extensions, renewals and replacements thereof now existing or hereafter made (each a “Lease” and collectively, the “Leases”), and also together with the rights to xxx for, collect and receive all rents, prepaid rents, additional rents, royalties, security deposits, damages payable upon default by tenant, or other sums in any of the Rents Leases provided to be paid to the landlord thereunder, profits, income, license fees, concession fees, lease termination fees and issues of the Security (collectively, “Rents”), to be applied by Mortgagee in payment of the Indebtedness, the STAG IV Indebtedness and/or the STAG V Indebtedness and also together with the rights of Mortgagor to receive, hold and apply all bonds and security in all of the Leases provided to have be furnished to the landlord thereunder, and to hold absolutely until all monies secured by this Mortgage also together with any and all guaranties of the obligations of the Borrower tenants thereunder and the rights of Mortgagor to enforce any and all of the agreements, terms, covenants and conditions in this Mortgage have been fully paid all of the Leases provided and satisfiedto give notices thereunder. The Borrower hereby grants to the Lender full power Mortgagee may receive and authority to enter upon the Lands to collect the Rents, personally or through a receiver, upon the occurrence of an Event of Default. Mortgagor agrees to demandconsent to a receiver if this is believed necessary or desirable by Mortgagee to enforce its rights under this Section. Mortgagor shall not otherwise assign or pledge, collector contract, expressly or by implication, to assign or pledge, any Lease or the rights to xxx for, distrain for, recover, collect and receive and give receipts for the any Rents, or the rights to enforce payment of the Rents receive, hold and performance of the obligations of apply any guarantees of payment bonds and covenants to pay, and to exercise all rights security in respect of any or all Leases, in the Lender’s own name or in the name of and as agent for the Borrower, as the Lender may elect, and hereby grants to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, shall be entitled to collect and retain the Rents as and when they become due and payable according to the terms of the Lease and to deal with all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any obligations of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possession, or will have the effect of making the Lender responsible for the collection of the Rents or for the observance or performance or enforcement thereof or of any of the Leases provided to be furnished to the landlord thereunder, or the rights to enforce any of the agreements, terms, covenants or conditions of the Leases or to give notices thereunder, unless in each instance the written consent thereto of Mortgagee be first obtained. Nothing in this Mortgage shall be construed to obligate Mortgagee, expressly or by implication, to perform any of the covenants of Mortgagor as landlord under any of the Leases hereinabove assigned or to pay any sum of money or damages therein provided to be paid by the landlord. If Mortgagee shall from time to time suffer or permit Mortgagor to xxx for, collect or receive any Rents, or to receive, hold or apply any bonds or security under the Leases, or to enforce any of the agreements, terms, covenants or conditions thereunder or to give notices thereunder, neither such sufferance nor permission shall constitute a waiver or relinquishment by Mortgagee of the rights hereunder and hereby assigned to Mortgagee with respect to any subsequent Rents or with respect to any subsequent receipt, holding or application of bonds or security or any subsequent enforcement of such agreements, terms, covenants or conditions or any subsequent notices. Reference is made to that certain Assignment of Rents and Leases, executed by Mortgagor in favor of Mortgagee, of even date and record herewith (the “Assignment of Rents and Leases”). To the extent not provided herein, the terms and provisions of the Leases either by the Borrower or by any other person, liable to account for any monies except such monies as it actually receives pursuant to this assignment Assignment of Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured are by this Mortgagereference incorporated herein as though fully set forth herein. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this This Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy also secures Mortgagor’s obligations under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment Assignment of Rents and Leases.

Assignment of Rents and Leases. The Borrower Grantor hereby absolutely and irrevocably assigns to the Lender Beneficiary all right, title and Grantor's interest of the Borrower in the Rents and Leases Leases. The foregoing assignment is subject to have the terms and to hold absolutely until all monies secured by this Mortgage and all obligations conditions of any separate assignment of the Borrower Leases and/or Rents, whenever executed, in favor of Beneficiary and covering the Property. Grantor warrants it has made no prior assignment of the Rents or the Leases and will make no subsequent assignment (other than to Beneficiary) without the prior written consent of Beneficiary. At Beneficiary's request, Grantor shall execute and deliver to Beneficiary a separate assignment of rents containing such terms and conditions as Beneficiary may reasonably require. (a) Unless otherwise provided in any separate assignment of the Leases and/or the Rents, and so long as Grantor is not in default under the Loan Documents, Grantor may collect the Rents as the Rents become due. Grantor shall use the Rents to pay normal operating expenses for the Property and sums due and payments required under the Loan Documents. No Rents shall be collected for a period subsequent to the current one month rental period and first or last month's rent. Grantor's right to collect the Rents shall not constitute Beneficiary's consent to the use of cash collateral in any bankruptcy proceeding. (b) If Grantor is in default under this Mortgage have been fully paid Deed of Trust or any other Loan Document, without notice to Grantor, Beneficiary or its agents, or a court appointed receiver, may collect the Rents. In doing so, Beneficiary may (i) evict lessees for nonpayment of rent, (ii) terminate in any lawful manner any tenancy or occupancy, (iii) lease the Property in the name of the then owner on such terms as it may deem best, (iv) institute proceedings against any lessee for past due rent, and satisfied(v) do all other acts and things as Beneficiary deems necessary or desirable. The Borrower hereby grants Rents received shall be applied to payment of the Lender full power costs and authority expenses of collecting the Rents, including a reasonable fee to enter upon Beneficiary, a receiver or an agent, operating expenses for the Lands Property and any sums due or payments required under the Loan Documents, in such order as Beneficiary may determine. Any excess shall be paid to Grantor, however, Beneficiary may withhold from any excess a reasonable amount to pay sums anticipated to become due which exceed the anticipated future Rents. Beneficiary's failure to collect or discontinuing collection at any time shall not in any manner affect the subsequent enforcement by Beneficiary of its rights to collect the Rents, to demand, collect, xxx for, distrain for, recover, receive and give receipts for the Rents, to enforce payment of the Rents and performance of the obligations of any guarantees of payment and covenants to pay, and to exercise all rights in respect of any or all Leases, in the Lender’s own name or in the name of and as agent for the Borrower, as the Lender may elect, and hereby grants to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, shall be entitled to collect and retain the Rents as and when they become due and payable according to the terms of the Lease and to deal with all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any obligations of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possession, or will have the effect of making the Lender responsible for the collection of the Rents or for the observance or performance or enforcement thereof or of any of the provisions of the Leases either by the Borrower or by any other person, liable to account for any monies except such monies as it actually receives pursuant to this assignment of Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured by this Mortgage. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment of Rents and Leases.the

Assignment of Rents and Leases. The Borrower Each Mortgagor hereby absolutely and irrevocably assigns to the Lender Mortgagee all its right, title title, interest and lessor's or sublessor's estate or interest in, to or under any leases or subleases of the Borrower Mortgaged Property. Each Mortgagor hereby further absolutely and irrevocably assigns to Mortgagee all its rights or interests in or to all of the Rents rents, issues, profits and Leases proceeds of the Mortgaged Property, including all leases or subleases thereof, all rents and other sums payable under any leases or subleases thereof, and all proceeds of the conversion, voluntary or involuntary, of the Mortgaged Property into cash or liquidated amounts or claims for the purposes and upon the terms and conditions hereinafter set forth. Mortgagee is hereby authorized to have collect and receive the foregoing rents, issues, profits and proceeds, to give proper receipts and acquittances therefor, and to hold absolutely until all monies secured by this Mortgage and all obligations apply the same to the payment of the Borrower in this Mortgage have been fully paid Secured Obligations, notwithstanding the fact that the same may not then be due and satisfied. The Borrower payable, provided however, that Mortgagee hereby grants to POA the Lender full power and authority exclusive right to enter upon the Lands to collect the Rents, to demand, collect, xxx foruse, distrain forenjoy and receive such rents, recoverissues, receive profits and give receipts for the Rentsproceeds (except Loss Proceeds, to enforce payment Eminent Domain Proceeds and Title Event Proceeds) until an Event of the Rents Default has occurred and performance of the obligations of any guarantees of payment and covenants to pay, and to exercise all rights in respect of any or all Leases, in the Lender’s own name or in the name of and as agent for the Borrower, as the Lender may elect, and hereby grants to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, shall be entitled to collect and retain the Rents as and when they become due and payable according to the terms of the Lease and to deal with all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lendercontinuing. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and foregoing assignment shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents, nor do or omit cause Mortgagee to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any obligations of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender be a mortgagee in "mortgagee-in-possession, or will have the effect of making the Lender responsible for the collection of the Rents or for the observance or performance or enforcement thereof or of any of the provisions of the Leases either by the Borrower or by any other person, liable to account " for any monies except such monies as it actually receives pursuant purpose or to this assignment of Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured by this Mortgage. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not liable in any way diminish, novate under any leases or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time subleases so assigned to time to perfect this assignment of Rents and LeasesMortgagee.

Assignment of Rents and Leases. The Borrower Mortgagor hereby assigns to the Lender absolutely and unconditionally assigns, transfers and sets over unto Mortgagee, its successors and assigns, all right, title present and interest future leases covering all or any part of the Borrower Mortgaged Property and all of the rents, income, receipts, revenues issues and profits now due or which may hereafter become due under the leases or any extensions or renewals thereof, together with any and all rights and remedies which Mortgagor may have against any tenant under any of the leases or others in possession of the Mortgaged Property. Mortgagee shall not be obligated to perform or discharge any obligation or duty to be performed or discharged by Mortgagor under any of the leases; and Mortgagor hereby agrees to indemnify Mortgagee for, and to save Mortgagee harmless from, any and all liability, damage or expense arising from any of the leases or from this assignment, including attorneys' fees. This assignment shall not place responsibility for the control, care, management or repair of the Mortgaged Property upon Mortgagee. Upon any default in the Rents and Leases to have and to hold absolutely until all monies secured by this Mortgage and all obligations of the Borrower in this Mortgage have been fully paid and satisfied. The Borrower hereby grants to the Lender full power and authority to enter upon the Lands to collect the Rents, to demand, collect, xxx for, distrain for, recover, receive and give receipts for the Rents, to enforce payment of the Rents and performance of the obligations of any guarantees of payment and covenants to pay, and to exercise all rights in respect of any or all Leases, in the Lender’s own name or in the name of and as agent for the Borrower, as the Lender may elect, and hereby grants to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, shall be entitled to collect and retain the Rents as and when they become due and payable according to the terms of the Lease and to deal with all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any obligations of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possessionIndebtedness, or will have the effect of making the Lender responsible for the collection of the Rents or for the observance or upon any default in performance or enforcement thereof or observance of any of the provisions terms, covenants or agreements of this Mortgage or any one or more of the Leases either by other Instruments securing the Borrower Indebtedness and Obligations all rents assigned hereunder shall be paid directly to Mortgagee, and Mortgagee may notify the tenants under the leases (or by any other personparties in possession of the Mortgaged Property) to pay all of the rents directly to Mortgagee. Rents collected by Mortgagee may be applied toward the payment of taxes, liable to account for any monies except such monies as it actually receives pursuant to this assignment assets, insurance premiums, repairs, protection of Rents and Leases less proper collection chargesthe Mortgaged Property, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by charges against the Lender and such monies when so received shallMortgaged Property, at or in the discretion reduction of the LenderIndebtedness and the payment of interest as Mortgagee may elect. Mortgagor shall not lease the Mortgaged Property without Mortgagee's consent, be applied on account however if Mortgagee consents to a lease Mortgagor will comply with and observe the duties of lessor thereunder and Mortgagor will furnish Mortgagee with a copy upon request. Mortxxxxx xxxees to provide Mortgagee a separate Assignment of Lease upon request to clarify the monies secured by this Mortgagerights of Mortxxxxx xxx Mortgagee therein. The giving absence of this a separate assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment the rights of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment of Rents and LeasesMortgagee granted hereby.

Assignment of Rents and Leases. The Borrower Grantor hereby absolutely and irrevocably assigns to the Lender Beneficiary all right, title and Grantor's interest of the Borrower in the Rents and Leases whether now due, past due or to have become due, and hereby gives to hold absolutely until all monies secured by this Mortgage and all obligations of confers upon Beneficiary the Borrower in this Mortgage have been fully paid and satisfied. The Borrower hereby grants to the Lender full right, power and authority to enter upon collect such Rents and proceeds, and Grantor, without limiting the Lands generality of the Granting Clause hereof, specifically hereby presently, absolutely, unconditionally and irrevocably assigns, transfers and sets over all of the Rents now or hereafter accruing to collect Beneficiary. Grantor irrevocably appoints Beneficiary its true and lawful attorney at the Rents, option of Beneficiary at any time to demand, collect, xxx for, distrain for, recover, receive and give receipts for the Rentsenforce payment, to enforce payment of the Rents give receipts, releases and performance of the obligations of any guarantees of payment and covenants to paysatisfactions, and to exercise all rights in respect of any or all Leasessue, either in the Lender’s own name of Grantor or in the name of Beneficiary, for xxl such Rents and as agent proceeds. It is understood and agreed that neither the foregoing assignment of Rents and proceeds to Beneficiary nor the exercise by Beneficiary of any of its rights or remedies under this Deed of Trust shall be deemed to make Beneficiary a "mortgagee-in-possession" or otherwise responsible or liable in any manner with respect to the Property or the use, occupancy or enjoyment or operation of all or any portion thereof, unless and until Beneficiary, in person or by agent, assumes actual possession thereof; nor shall appointment of a receiver for the Borrower, as Property by any court at the Lender may elect, and hereby grants request of Beneficiary or by agreement with Grantor or the entering into possession of the Property or any part thereof by such receiver be deemed to make Beneficiary a "mortgagee-in-possession" or otherwise responsible or liable in any manner with respect to the Lender irrevocable authority to join Property or the Borrower in any such proceedings use, occupancy, enjoyment or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment operation of all monies secured by or any portion thereof. This assignment is intended to be specific, perfected and choate upon the recording of this Mortgage), the Borrower, Deed of Trust as agent for the Lender, provided in RCW 7.00.000. This assignment shall be entitled to collect and retain the Rents as and when they become due and payable according subject to the terms and conditions of any separate assignment of leases and/or rents, whenever executed, in favor of Beneficiary and covering the Lease and to deal with all Leases until the Lender gives notice to tenants directing that they pay the Rents to the LenderProperty. The Borrower covenants Grantor warrants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any obligations of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possession, or will have the effect of making the Lender responsible for the collection made no prior assignment of the Rents or for the observance or performance or enforcement thereof or of any of the provisions of the Leases either by the Borrower or by any other person, liable to account for any monies except such monies as it actually receives pursuant to this assignment of Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured by this Mortgage. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this make no subsequent assignment without the prior written consent of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment of Rents and LeasesBeneficiary.

Assignment of Rents and Leases. The Borrower Grantor hereby presently, irrevocably, absolutely, and unconditionally grants, transfers, assigns to the Lender and sets over unto Beneficiary all of its right, title and interest in and to all present and future leases, license agreements, concession agreements, lease termination agreements and other occupancy agreements of any nature, oral or written, of the Borrower Land and of space in the Rents Improvements together with all modifications, supplements, extensions, renewals and Leases replacements thereof now existing or hereafter made, and also together with the rights to have and to hold absolutely until all monies secured by this Mortgage and all obligations of the Borrower in this Mortgage have been fully paid and satisfied. The Borrower hereby grants to the Lender full power and authority to enter upon the Lands to collect the Rents, to demand, collect, xxx for, distrain forcollect and receive all present and future rents, recoverprepaid rents, receive additional rents, royalties, security deposits, parking revenues, receipts, refunds, rebates, damages payable upon default by tenant, or other sums in any of said leases provided to the lessor thereunder, profits, income (including revenues from the letting of hotel rooms), license fees, concession fees, lease termination fees, lease modification and give receipts for extension fees and issues of the Security, including all proceeds thereof (collectively, the “Rents”), to enforce be applied by Beneficiary in payment of the Rents Indebtedness, and performance also together with any and all guaranties of the obligations of any guarantees the tenants thereunder and the rights of payment Grantor to receive, hold and covenants apply all bonds and security in all of said leases provided to paybe furnished to the lessor thereunder, and also together with the rights of Grantor to exercise enforce any and all rights of the agreements, terms, covenants and conditions in respect all of any or all Leases, in the Lender’s own name or in the name of said leases provided and as agent for the Borrower, as the Lender may elect, and hereby to give notices thereunder. Beneficiary grants to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is Grantor a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, shall be entitled revocable license to collect and retain the Rents as and when they become due and payable according to enforce such leases and agreements, so long as no Event of Default exists hereunder. Beneficiary may receive and collect the Rents personally or through a receiver upon the occurrence and during the continuance of an Event of Default so long as any such Event of Default shall exist and during the pendency of any foreclosure proceeding and during any redemption period. Grantor agrees to consent to a receiver if this is believed reasonably necessary or desirable by Beneficiary to enforce its rights under this Section. Grantor shall not otherwise assign or pledge, or contract, expressly or by implication, to assign or pledge, any lease of the Land or the Hotel Unit or space in the Improvements or the rights to xxx for, collect and receive any Rents, or the rights to receive, hold and apply any bonds and security in any of said leases provided to be furnished to the terms of the Lease and to deal with all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any obligations of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possessionlessor thereunder, or will have the effect of making the Lender responsible for the collection of the Rents or for the observance or performance or enforcement thereof or of rights to enforce any of the provisions agreements, terms, covenants or conditions of said leases or to give notices thereunder, unless in each instance the written consent thereto of Beneficiary be first obtained. Nothing in this Deed of Trust shall be construed to obligate Beneficiary, expressly or by implication, to perform any of the Leases either covenants of Grantor as lessor under any of the leases hereinabove assigned or to pay any sum of money or damages therein provided to be paid by the Borrower or by any other person, liable to account for any monies except such monies as it actually receives pursuant to this assignment of Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured by this Mortgagelessor. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower If Beneficiary shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time suffer or permit Grantor to perfect this assignment xxx for, collect or receive any Rents, or to receive, hold or apply any bonds or security under said leases, or to enforce any of Rents the agreements, terms, covenants or conditions thereunder or to give notices thereunder, neither such sufferance nor permission shall constitute a waiver or relinquishment by Beneficiary of the rights hereunder and Leaseshereby assigned to Beneficiary with respect to any subsequent Rents, or with respect to any subsequent receipt, holding or application of bonds or security or any subsequent enforcement of such agreements, terms, covenants or conditions or any subsequent notices.

Assignment of Rents and Leases. The Borrower Mortgagor hereby presently, irrevocably, absolutely, and unconditionally grants, transfers, assigns to the Lender and sets over unto Mortgagee all of its right, title and interest in and to all present and future leases, license agreements, concession agreements, lease termination agreements and other occupancy agreements of any nature, oral or written, of the Borrower Land and of space in the Rents Improvements together with all modifications, supplements, extensions, renewals and Leases replacements thereof now existing or hereafter made, and also together with the rights to have and to hold absolutely until all monies secured by this Mortgage and all obligations of the Borrower in this Mortgage have been fully paid and satisfied. The Borrower hereby grants to the Lender full power and authority to enter upon the Lands to collect the Rents, to demand, collect, xxx for, distrain forcollect and receive all present and future rents, recoverprepaid rents, receive additional rents, royalties, security deposits, parking revenues, receipts, refunds, rebates, damages payable upon default by tenant, or other sums in any of said leases provided to the lessor thereunder, profits, income (including revenues from the letting of hotel rooms), license fees, concession fees, lease termination fees, lease modification and give receipts for extension fees and issues of the Security, including all proceeds thereof (collectively, the “Rents”), to enforce be applied by Mortgagee in payment of the Rents Indebtedness, and performance also together with any and all guaranties of the obligations of any guarantees the tenants thereunder and the rights of payment Mortgagor to receive, hold and covenants apply all bonds and security in all of said leases provided to paybe furnished to the lessor thereunder, and also together with the rights of Mortgagor to exercise enforce any and all rights of the agreements, terms, covenants and conditions in respect all of any or all Leases, in the Lender’s own name or in the name of said leases provided and as agent for the Borrower, as the Lender may elect, and hereby to give notices thereunder. Mortgagee grants to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is Mortgagor a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, shall be entitled revocable license to collect and retain the Rents as and when they become due and payable according to enforce such leases and agreements, so long as no Event of Default exists hereunder. Mortgagee may receive and collect the Rents personally or through a receiver upon the occurrence and during the continuance of an Event of Default so long as any such Event of Default shall exist and during the pendency of any foreclosure proceeding and during any redemption period. Mortgagor agrees to consent to a receiver if this is believed reasonably necessary or desirable by Mortgagee to enforce its rights under this Section. Mortgagor shall not otherwise assign or pledge, or contract, expressly or by implication, to assign or pledge, any lease of the Land or space in the Improvements or the rights to xxx for, collect and receive any Rents, or the rights to receive, hold and apply any bonds and security in any of said leases provided to be furnished to the terms of the Lease and to deal with all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any obligations of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possessionlessor thereunder, or will have the effect of making the Lender responsible for the collection of the Rents or for the observance or performance or enforcement thereof or of rights to enforce any of the provisions agreements, terms, covenants or conditions of said leases or to give notices thereunder, unless in each instance the written consent thereto of Mortgagee be first obtained. Nothing in this Mortgage shall be construed to obligate Mortgagee, expressly or by implication, to perform any of the Leases either covenants of Mortgagor as lessor under any of the leases hereinabove assigned or to pay any sum of money or damages therein provided to be paid by the Borrower or by any other person, liable to account for any monies except such monies as it actually receives pursuant to this assignment of Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured by this Mortgagelessor. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower If Mortgagee shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time suffer or permit Mortgagor to perfect this assignment xxx for, collect or receive any Rents, or to receive, hold or apply any bonds or security under said leases, or to enforce any of Rents the agreements, terms, covenants or conditions thereunder or to give notices thereunder, neither such sufferance nor permission shall constitute a waiver or relinquishment by Mortgagee of the rights hereunder and Leaseshereby assigned to Mortgagee with respect to any subsequent Rents, or with respect to any subsequent receipt, holding or application of bonds or security or any subsequent enforcement of such agreements, terms, covenants or conditions or any subsequent notices.

Assignment of Rents and Leases. The Borrower hereby assigns to the Lender all right, title and interest of the Borrower in the Rents and Leases to have and to hold absolutely until all monies secured by this Mortgage and all obligations of the Borrower whether contained in this Mortgage or otherwise have been fully paid and satisfied. The Borrower hereby grants to the Lender full power and authority to enter upon the Lands to collect the Rents, to demand, collect, xxx sue for, distrain for, recover, receive and give receipts for the Rents, to enforce payment of the Rents and performance of the obligations of any guarantees of payment and covenants to pay, and to exercise all rights in respect of any or all Leases, in the Lender’s own name or in the name of and as agent for the Borrower, as the Lender may elect, and hereby grants to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, shall be entitled to collect and retain the Rents as and when they become due and payable according to the terms of the Lease and to deal with all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Rents, Leases and other benefits to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any obligations of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possession, or will have the effect of making the Lender responsible for the collection of the Rents or for the observance or performance or enforcement thereof or of any of the provisions of the Leases either by the Borrower or by any other person, liable to account for any monies except such monies as it actually receives pursuant to this assignment of Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured by this Mortgage. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment of Rents and Leases.

Assignment of Rents and Leases. The (a) Borrower hereby assigns assigns, transfers, conveys and sets over to the Lender all of Borrower's estate, right, title and interest in, to and under the Leases, whether existing on the date hereof or hereafter entered into, together with any changes, extensions, revisions or modifications thereof and all rights, powers, privileges, options and other benefits of Borrower as the lessor under the Leases regarding the current tenants and any future tenants, and all the Rents from the Leases, including those now due, past due or to become due. Borrower irrevocably appoints Lender its true and lawful attorney-in-fact, at the option of Lender, at any time and from time to time upon the occurrence and during the continuance of an Event of Default, to take possession and control of the Borrower in Premises, pursuant to Borrower's rights under the Rents Leases, to exercise any of Borrower's rights under the Leases, and Leases to have and to hold absolutely until all monies secured by this Mortgage and all obligations of the Borrower in this Mortgage have been fully paid and satisfied. The Borrower hereby grants to the Lender full power and authority to enter upon the Lands to collect the Rents, to demand, collect, xxx for, distrain for, recover, receive and give receipts for the Rentsenforce payment, to enforce payment of the Rents give receipts, releases and performance of the obligations of any guarantees of payment and covenants to pay, satisfaction and to exercise all rights in respect of any or all Leasesxxx, in the Lender’s own name or in the name of and as agent for the Borrower, as the Lender may elect, and hereby grants to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, shall be entitled to collect and retain the Rents as and when they become due and payable according to the terms of the Lease and to deal with for all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents. The power of attorney granted hereby shall be irrevocable and coupled with an interest and shall terminate only upon the payment of all sums due Lender for all losses, nor do or omit to do any act having costs, damages, fees and expenses whatsoever associated with the effect exercise of waivingthis power of attorney, releasing, reducing or abating any rights or remedies and Borrower hereby releases Lender from all liability (other than as a result of the Borrower gross negligence or any obligations willful misconduct of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possession, or will have the effect of making the Lender responsible Lender) whatsoever for the collection exercise of the Rents or foregoing power of attorney and all actions taken pursuant thereto. The consideration received by Borrower to execute and deliver this assignment and the liens and security interests created herein is legally sufficient and will provide a direct economic benefit to Borrower. It is intended by Borrower and Lender that the assignment set forth herein constitutes an absolute assignment 18 and not merely an assignment for additional security. Notwithstanding the observance or foregoing, this assignment shall not be construed to bind Lender to the performance or enforcement thereof or of any of the covenants, conditions or provisions of Borrower contained in the Leases either by or otherwise to impose any obligation upon Lender, and, so long as no Event of Default shall have occurred and be continuing, Borrower shall have a license, revocable upon an Event of Default, to possess and control the Borrower or by any other personPremises and collect and receive all Rents. Upon an Event of Default, liable to account for any monies except such monies as it actually receives pursuant to this license shall be automatically revoked. The assignment of Rents and Leases less proper collection chargescontained in this Mortgage are intended to provide Lender with all rights and remedies of mortgagees pursuant to Section 697.07, inspection feesFlorida Statutes, costs (includingas may be amended, without limitationsupplemented or superceded from time to time. However, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured by shall this Mortgage. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way reference diminish, novate alter, impair or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment of Rents and Leases.Lender

Assignment of Rents and Leases. The Borrower hereby assigns to the Lender all All of Xxxxxxxxx’s right, title and interest of the Borrower in and to the Rents and Leases are hereby absolutely and irrevocably assigned to have Mortgagee to be applied against the Obligations. Mortgagor hereby appoints Mortgagee its true and to hold absolutely until all monies secured by this Mortgage and all obligations of lawful attorney-in-fact, with the Borrower in this Mortgage have been fully paid and satisfied. The Borrower hereby grants to the Lender full power and authority to enter upon the Lands to collect the Rentsright, at Mortgagee’s option at any time, to demand, collect, xxx for, distrain for, recover, receive and give receipts for the Rentsenforce payment of, to enforce payment of the Rents give receipts, releases and performance of the obligations of any guarantees of payment and covenants to paysatisfactions for, and to exercise sue, either in Xxxxxxxxx’s or Mortgagee’s name for, all rights in respect Rents during the continuance of any or all Leasesan Event of Default. Notwithstanding the foregoing Assignment of Rents, in the Lender’s own name or in the name so long as no Event of Default has occurred and as agent for the Borroweris then continuing, Mortgagor may collect, receive, take, use and enjoy such Rents, as the Lender may elect, and hereby grants to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, shall be entitled to collect and retain the Rents as and when they become due and payable according but not more than one month in advance thereof and Mortgagor may exercise all other rights set forth in the Leases (subject to any express restrictions set forth herein, in the terms Loan Agreement or in the other Loan Documents). The foregoing assignment shall be fully operative without any further action on the part of either party; and specifically Mortgagee shall be entitled at its option, upon the occurrence of an Event of Default hereunder and for so long as such Event of Default is continuing, to collect all Rents from the Mortgaged Property whether or not Mortgagee takes possession of the Lease Mortgaged Property. Upon the occurrence and during the continuance of an Event of Default hereunder, the permission hereby given to deal with Xxxxxxxxx to collect the Rents and exercise all other rights under the Leases until from the Lender gives notice Mortgaged Property shall terminate. To the extent permitted by applicable law, this Assignment shall not be deemed or construed to tenants directing that they pay constitute Mortgagee as a mortgagee in possession nor obligate Mortgagee to take any action or to incur expense or perform or discharge any obligation, duty or liability. Exercise of any rights under this Section 4.1 and the application of the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and Obligations shall not further assign, pledge cure or otherwise encumber the Rents or Leases, accept waive any prepayment Event of the Rents, nor do or omit to do any act having the effect Default but shall be cumulative of waiving, releasing, reducing or abating any all other rights or and remedies of the Borrower or any obligations of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possession, or will have the effect of making the Lender responsible for the collection of the Rents or for the observance or performance or enforcement thereof or of any of the provisions of the Leases either by the Borrower or by any other person, liable to account for any monies except such monies as it actually receives pursuant to this assignment of Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured by this Mortgage. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment of Rents and LeasesMortgagee.

Assignment of Rents and Leases. The Borrower hereby assigns Subject to the Lender limited license granted by Mortgagor in the Assignment of Rents and Leases (defined below), Mortgagor hereby presently, irrevocably, absolutely and unconditionally transfers, assigns and sets over unto Mortgagee all of its right, title and interest in and to all present and future leases, subleases, license agreements, concession agreements, lease termination agreements and other occupancy agreements of any nature, oral or written, of all or any portion of the Borrower Real Property, together with all modifications, supplements, extensions, renewals and replacements thereof now existing or hereafter made (each a “Lease” and collectively, the “Leases”), and also together with the rights to xxx for, collect and receive all rents, prepaid rents, additional rents, royalties, security deposits, damages payable upon default by tenant, or other sums in any of the Rents Leases provided to be paid to the landlord thereunder, profits, income, license fees, concession fees, lease termination fees and issues of the Security (collectively, “Rents”), to be applied by Mortgagee in payment of the Indebtedness and/or the STAG IV Indebtedness and also together with the rights of Mortgagor to receive, hold and apply all bonds and security in all of the Leases provided to have be furnished to the landlord thereunder, and to hold absolutely until all monies secured by this Mortgage also together with any and all guaranties of the obligations of the Borrower tenants thereunder and the rights of Mortgagor to enforce any and all of the agreements, terms, covenants and conditions in this Mortgage have been fully paid all of the Leases provided and satisfiedto give notices thereunder. The Borrower hereby grants to the Lender full power Mortgagee may receive and authority to enter upon the Lands to collect the Rents, personally or through a receiver, upon the occurrence of an Event of Default. Mortgagor agrees to demandconsent to a receiver if this is believed necessary or desirable by Mortgagee to enforce its rights under this Section. Mortgagor shall not otherwise assign or pledge, collector contract, expressly or by implication, to assign or pledge, any Lease or the rights to xxx for, distrain for, recover, collect and receive and give receipts for the any Rents, or the rights to enforce payment of the Rents receive, hold and performance of the obligations of apply any guarantees of payment bonds and covenants to pay, and to exercise all rights security in respect of any or all Leases, in the Lender’s own name or in the name of and as agent for the Borrower, as the Lender may elect, and hereby grants to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, shall be entitled to collect and retain the Rents as and when they become due and payable according to the terms of the Lease and to deal with all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any obligations of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possession, or will have the effect of making the Lender responsible for the collection of the Rents or for the observance or performance or enforcement thereof or of any of the Leases provided to be furnished to the landlord thereunder, or the rights to enforce any of the agreements, terms, covenants or conditions of the Leases or to give notices thereunder, unless in each instance the written consent thereto of Mortgagee be first obtained. Nothing in this Mortgage shall be construed to obligate Mortgagee, expressly or by implication, to perform any of the covenants of Mortgagor as landlord under any of the Leases hereinabove assigned or to pay any sum of money or damages therein provided to be paid by the landlord. If Mortgagee shall from time to time suffer or permit Mortgagor to xxx for, collect or receive any Rents, or to receive, hold or apply any bonds or security under the Leases, or to enforce any of the agreements, terms, covenants or conditions thereunder or to give notices thereunder, neither such sufferance nor permission shall constitute a waiver or relinquishment by Mortgagee of the rights hereunder and hereby assigned to Mortgagee with respect to any subsequent Rents or with respect to any subsequent receipt, holding or application of bonds or security or any subsequent enforcement of such agreements, terms, covenants or conditions or any subsequent notices. Reference is made to that certain Assignment of Rents and Leases, executed by Mortgagor in favor of Mortgagee, of even date and record herewith (the “Assignment of Rents and Leases”). To the extent not provided herein, the terms and provisions of the Leases either by the Borrower or by any other person, liable to account for any monies except such monies as it actually receives pursuant to this assignment Assignment of Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured are by this Mortgagereference incorporated herein as though fully set forth herein. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this This Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy also secures Mortgagor’s obligations under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment Assignment of Rents and Leases.

Assignment of Rents and Leases. The Borrower Mortgagor hereby assigns assigns, transfers, conveys, and sets over to the Lender Mortgagee all of Mortgagor’s estate, right, title and interest in, to and under the Leases, whether existing on the date hereof or hereafter entered into, together with any changes, extensions, revisions or modifications thereof and all rights, powers, privileges, options and other benefits of Mortgagor as the lessor under the Leases regarding the current tenants and any future tenants, and all the Rents from the Leases, including those now due, past due, or to become due. Mortgagor irrevocably appoints Mortgagee its true and lawful attorney-in-fact, at the option of Mortgagee, upon the occurrence and during the continuance of an Event of Default, to take possession and control of the Borrower applicable portions of the Mortgaged Property, pursuant to Mortgagor’s rights under the Leases, to exercise any of Mortgagor’s rights under the Leases, and to demand, receive and enforce payment, to give receipts, releases and satisfaction and to xxx, in the Rents name of Mortgagor or Mortgagee, for all of the Rents. The power of attorney granted hereby shall be irrevocable and Leases to have coupled with an interest and to hold absolutely until shall terminate only upon the indefeasible payment in full in cash of the Secured Obligations (including all monies secured by this Mortgage Letter of Credit Obligations), the termination or expiration or cash collateralization of all Letters of Credit and all obligations of the Borrower in this Mortgage have been fully paid Issuing Banks and satisfied. The Borrower hereby grants to the Lender full power and authority to enter upon the Lands to collect the Rents, to demand, collect, xxx for, distrain for, recover, receive and give receipts for the Rents, to enforce payment of the Rents and performance of the obligations of any guarantees of payment and covenants to pay, and to exercise all rights Lenders in respect of any Letters of Credit, and the expiration or termination of all LeasesCommitments, in and Mortgagor hereby releases Mortgagee from all liability (other than as a result of the Lender’s own name gross negligence or in the name willful misconduct of and as agent Mortgagee) whatsoever for the Borrowerexercise of the foregoing power of attorney and all actions taken pursuant thereto. The consideration received by Mortgagor to execute and deliver this assignment and the Liens and security interests created herein is legally sufficient and will provide a direct economic benefit to Mortgagor. It is intended by Mortgagor and Mortgagee that the assignment set forth herein constitutes an absolute assignment and not merely an assignment for additional security. Notwithstanding the foregoing, as the Lender may elect, and hereby grants this assignment shall not be construed to bind Mortgagee to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, shall be entitled to collect and retain the Rents as and when they become due and payable according to the terms of the Lease and to deal with all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any obligations of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possession, or will have the effect of making the Lender responsible for the collection of the Rents or for the observance or performance or enforcement thereof or of any of the covenants, conditions, or provisions of Mortgagor contained in the Leases either or otherwise to impose any obligation upon Mortgagee, and, so long as no Event of Default shall have occurred and be continuing, Mortgagor shall have a license, revocable by Mortgagee, to possess and control the Borrower or by any other personLeases and collect and receive the Rents. Upon the occurrence of an Event of Default, liable to account for any monies except such monies as it actually receives pursuant to this license in favor of Mortgagor shall be automatically revoked. Mortgagee’s acceptance of the assignment of the Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured by this Mortgage. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment Deed of Rents and Leases may Trust shall not be taken either independently deemed to constitute Mortgagee a “secured party in possession,” nor obligate Mortgagee to appear in or in conjunction with defend any other rights proceeding relating to the Rents, any Leases, or remedies of the Lender Mortgaged Property, or to take any action hereunder, expend any money, incur any expenses, or perform any obligation under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment of Rents and any Leases.

Assignment of Rents and Leases. The Borrower hereby assigns to the Lender all All right, title and interest of the Borrower Grantor in the Rents and Leases to have and to hold absolutely until all monies secured by this Mortgage present Leases affecting the Property, and including and together with: (a) any and all obligations future Leases upon all or any part of the Borrower in this Mortgage have been fully paid and satisfied. The Borrower hereby grants to the Lender full power and authority to enter upon the Lands to collect the Rents, to demand, collect, xxx for, distrain for, recover, receive and give receipts for the Rents, to enforce payment Property; (b) all of the Rents from or due or arising out of the Property; and (c) all deposits given as security for the faithful performance of the obligations each of any guarantees of payment such Leases and covenants to pay, and to exercise all rights in respect guaranties of any or all of such Leases, in the Lender’s own name or in the name of and as agent for the Borrower, as the Lender may elect, and are hereby grants to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, shall be entitled to collect and retain the Rents as and when they become due and payable according to the terms of the Lease and to deal with all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits assigned simultaneously herewith to the Lender as herein provided and shall not further assign, pledge or otherwise encumber security for the Rents or Leases, accept any prepayment payment of the Rents, nor do or omit to do any act having Note. All Leases affecting the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any obligations of any other party in connection with the Leases. Nothing herein contained or any action taken Property shall be submitted by the Lender as provided will make Grantor to the Lender a mortgagee in possession, or will have for its approval prior to the effect of making the Lender responsible for the collection of the Rents or for the observance or performance or enforcement thereof or of any of the provisions of the execution thereof. All approved and executed Leases either by the Borrower or by any other person, liable to account for any monies except such monies as it actually receives pursuant to this assignment of Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender’s option, be applied on account of the monies secured specifically assigned to Lender by instrument in form satisfactory to Lender. All or any such Leases shall be subordinate to this Mortgage. The giving Grantor, as lessor under such Leases, shall comply with all material provisions in such Leases with which the lessor is required to comply, and shall faithfully and fully enforce all material terms and conditions of this assignment of Rents such Leases. If Grantor shall not comply with or enforce each such Lease, Lender may (without being required to), after ten (10) days prior written notice to Grantor, perform and Leases is enforce such Leases, and all amounts expended by way of additional Lender in connection therewith shall be immediately due Lender and collateral security for all monies shall be secured by the lien hereof. Grantor has on the date hereof executed and delivered to Lender an Assignment of Leases and Rents (“Assignment of Leases and Rents”), which Assignment is a document separate and distinct from this Mortgage, and is not secondary to, but is on a parity and of equal dignity with this Mortgage and not the provisions herein are intended to, and shall be interpreted to, supplement the terms and provisions set forth in substitution for any other security the Assignment of Leases and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this MortgageRents. The Borrower foregoing assignment and all related provisions set forth in this Mortgage shall execute in no way limit the related provisions set forth in the Assignment of Leases and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment of Rents and LeasesRents.

Assignment of Rents and Leases. The (a) Borrower hereby assigns assigns, transfers, conveys and sets over to the Lender all of Borrower's estate, right, title and interest in, to and under the Leases, whether existing on the date hereof or hereafter entered into, together with any changes, extensions, revisions or modifications thereof and all rights, powers, privileges, options and other benefits of Borrower as the lessor under the Leases regarding the current tenants and any future tenants, and all the Rents from the Leases, including those now due, past due or to become due. Borrower irrevocably appoints Lender its true and lawful attorney-in-fact, at the option of Lender, at any time and from time to time upon the occurrence and during the continuance of an Event of Default, to take possession and control of the Borrower in Premises, pursuant to Borrower's rights under the Rents Leases, to exercise any of Borrower's rights under the Leases, and Leases to have and to hold absolutely until all monies secured by this Mortgage and all obligations of the Borrower in this Mortgage have been fully paid and satisfied. The Borrower hereby grants to the Lender full power and authority to enter upon the Lands to collect the Rents, to demand, collect, xxx for, distrain for, recover, receive and give receipts for the Rentsenforce payment, to enforce payment of the Rents give receipts, releases and performance of the obligations of any guarantees of payment and covenants to pay, satisfaction and to exercise all rights in respect of any or all Leasessxx, in the Lender’s own name or in the name of and as agent for the Borrower, as the Lender may elect, and hereby grants to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, shall be entitled to collect and retain the Rents as and when they become due and payable according to the terms of the Lease and to deal with for all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents. The power of attorney granted hereby shall be irrevocable and coupled with an interest and shall terminate only upon the payment of all sums due Lender for all losses, nor do or omit to do any act having costs, damages, fees and expenses whatsoever associated with the effect exercise of waivingthis power of attorney, releasing, reducing or abating any rights or remedies and Borrower hereby releases Lender from all liability (other than as a result of the Borrower gross negligence or any obligations willful misconduct of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possession, or will have the effect of making the Lender responsible Lender) whatsoever for the collection exercise of the Rents or foregoing power of attorney and all actions taken pursuant thereto. The consideration received by Borrower to execute and deliver this assignment and the liens and security interests created herein is legally sufficient and will provide a direct economic benefit to Borrower. It is intended by Borrower and Lender that the assignment set forth herein constitutes an absolute assignment and not merely an assignment for additional security. Notwithstanding the observance or foregoing, this assignment shall not be construed to bind Lender to the performance or enforcement thereof or of any of the covenants, conditions or provisions of Borrower contained in the Leases either by or otherwise to impose any obligation upon Lender, and, so long as no Event of Default shall have occurred and be continuing, Borrower shall have a license, revocable upon an Event of Default, to possess and control the Borrower or by any other personPremises and collect and receive all Rents. Upon an Event of Default, liable to account for any monies except such monies as it actually receives pursuant to this license shall be automatically revoked. The assignment of Rents and Leases less proper collection chargescontained in this Mortgage are intended to provide Lender with all rights and remedies of mortgagees pursuant to Section 697.07, inspection feesFlorida Statutes, costs (includingas may be amended, without limitationsupplemented or superceded from time to time. However, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured by shall this Mortgage. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way reference diminish, novate alter, impair or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment of Rents and Leases.Lender

Assignment of Rents and Leases. The Borrower hereby assigns to the Lender all All right, title and interest of the Borrower Mortgagor in the Rents and Leases to have and to hold absolutely until all monies present leases affecting the Mortgaged Premises, and including and together with (i) any and all future leases upon all or any part of the Mortgaged Premises, (ii) all of the rents, income, receipts, revenues, issues and profits (“Rents”) from or due or arising out of the Mortgaged Premises and (iii) all deposits given as security for the faithful performance of each of such leases and all guaranties of any or all of such leases, are hereby collaterally assigned simultaneously herewith to Mortgagee as security for the payment of the Notes. All leases affecting the Mortgaged Premises for a term of more than one (1) year (including renewal options) shall be submitted by Mortgagor to Mortgagee for its approval prior to the execution thereof. All approved and executed leases for a term of more than one (1) year (including renewal options) shall, at Mortgagee’s option, be specifically assigned to Mortgagee by instrument in form satisfactory to Mortgagee. All or any such leases shall be subordinate to this Mortgage. Mortgagor, as lessor under such leases, shall comply with all material provisions in such leases with which the lessor is required to comply, and shall faithfully and fully enforce all material terms and conditions of such leases. If Mortgagor shall not comply with or enforce each such lease, Mortgagee may (without being required to), after ten (10) days prior written notice to Mortgagor, perform and enforce such leases, and all amounts expended by Mortgagee in connection therewith shall be immediately due Mortgagee and shall be secured by this Mortgage and all obligations of the Borrower in this Mortgage have been fully paid and satisfiedlien hereof. The Borrower Mortgagee hereby grants to Mortgagor, so long as no Event of Default has occurred and is continuing, a license to collect the Lender rents due under any such leases, without any obligation to apply the same to the indebtedness secured hereby. Upon any Event of Default, Mortgagee may at any time without notice, either in person, by agent or by a receiver appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of the Mortgaged Premises, or any part thereof, in its own name xxx for same, less costs and expenses of operation and collection, including attorneys’ fees, upon any indebtedness secured hereby, and in such order as Mortgagee may determine. The collection of such Rents or the entering upon and taking possession of the Mortgaged Premises, or the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done in response to such default or pursuant to such notice of default. In any case in which under the provisions of this Mortgage Mortgagee has a right to institute foreclosure proceedings, whether before or after the whole principal sum secured hereby is declared to be immediately due, or whether before or after the institution of legal proceedings to foreclose the lien hereof or before or after sale thereunder, forthwith, upon demand of Mortgagee, Mortgagor shall surrender to Mortgagee and Mortgagee shall be entitled to take actual possession of the Real Estate or any part thereof personally, or by its agent or attorneys, as for condition broken. In such event Mortgagee in its discretion may, with process of law, enter upon and take and maintain possession of all or any part of the Real Estate, together with all documents, books, records, papers, and accounts of Mortgagor or then owner of the Mortgaged Property relating thereto, and may exclude Mortgagor, its agents or servants, wholly therefrom and may as attorney in fact or agent of Mortgagor, or in its own name as Mortgagee and under the powers herein granted, hold, operate, manage and control the Mortgaged Premises and conduct the business, if any, thereof, either personally or by its agents, and will full power to use such measures, legal or equitable, as in its discretion or in the discretion of its successors or assigns, may be deemed proper or necessary to enforce the payment or security of the avails, rents, issues, and profits of the Mortgaged Premises, including actions for the recovery of rent, actions in forcible detainer and actions in distress for rent, and with full power: (a) to cancel or terminate any lease or sublease for any cause or on any ground which would entitle Mortgagor to cancel the same; (b) to elect to disaffirm any lease or sublease which is then subordinate to the lien hereof; (c) to extend or modify any then existing leases and to make new leases, which extensions, modifications and new leases may provide for terms to expire, or for options to lessees to extend or renew terms to expire, beyond the maturity date of the indebtedness hereunder and beyond the date of the issuance of a deed or deeds to a purchaser or purchasers at a foreclosure sale, it being understood and agreed that any such leases, and the options or other such provisions to be contained therein, shall be binding upon Mortgagor and all persons whose interest in the Mortgaged Premises are subject to the lien hereof and upon the purchaser or purchasers at any foreclosure sale, notwithstanding any redemption from sale, discharge of the indebtedness secured hereby, satisfaction of any foreclosure decree, or issuance of any certificate of sale or deed to any purchaser; (d) to make all necessary or proper repairs, decorating, renewals, replacements, alterations, additions, betterments and improvements to the Mortgaged Property as to it may seem judicious; (e) to insure and reinsure the same and all risks incidental to Mortgagee’s possession, operation and management thereof; and (f) to receive all of such avails, rents, issues and profits; hereby granting full power and authority to enter upon the Lands to collect the Rents, to demand, collect, xxx for, distrain for, recover, receive exercise each and give receipts for the Rents, to enforce payment every of the Rents rights, privileges and performance powers herein granted at any and all times hereinafter, without notice to Mortgagor. Mortgagee shall not be obligated to perform or discharge, nor does it hereby undertake to perform or discharge, any obligation, duty or liability under any leases. Mortgagor shall and does hereby agree to indemnify and hold Mortgagee harmless of and from any and all liability, loss or damage which it may or might incur under said leases or under or by reason of the obligations assignment thereof and of and from any and all claims and demands whatsoever which may be asserted against it by reason of any guarantees alleged obligations or undertaking on its part to perform or discharge any of payment the terms, covenants or agreements contained in said leases. Should Mortgagee incur any such liability, loss or damage, under said leases or under or by reason of the assignment thereof, or in the defense of any claims or demands, the amount thereof, including costs, expenses and covenants to payreasonable attornenys’ fees, shall be secured hereby, and to exercise all rights in respect of any or all LeasesMortgagor shall reimburse Mortgagee therefor immediately upon demands. Mortgagee, in the Lender’s own name or in exercise of the name rights and powers hereinabove conferred upon it by this Section 12 shall have full power to use and apply the avails, rents, issues and profits of and as agent for the Borrower, as the Lender may elect, and hereby grants Real Estate to the Lender irrevocable authority to join the Borrower in any such proceedings payment of or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, shall be entitled to collect and retain the Rents as and when they become due and payable according to the terms of the Lease and to deal with all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any obligations of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possession, or will have the effect of making the Lender responsible for the collection of the Rents or for the observance or performance or enforcement thereof or of any of the provisions of the Leases either by the Borrower or by any other person, liable to account for any monies except such monies as it actually receives pursuant to this assignment of Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured by this Mortgage. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not following, in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases order as Mortgagee may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment of Rents and Leases.determine:

Assignment of Rents and Leases. The Borrower Mortgagor hereby assigns assigns, transfers, conveys, and sets over to the Lender Mortgagee all of Mortgagor’s estate, right, title and interest in, to and under the Leases, whether existing on the date hereof or hereafter entered into, together with any changes, extensions, revisions or modifications thereof and all rights, powers, privileges, options and other benefits of Mortgagor as the lessor under the Leases regarding the current tenants and any future tenants, and all the Rents from the Leases, including those now due, past due, or to become due. Mortgagor irrevocably appoints Mortgagee its true and lawful attorney-in-fact, at the option of Mortgagee, upon the occurrence and during the continuance of an Event of Default, to take possession and control of the Borrower applicable portions of the Mortgaged Property, pursuant to Mortgagor’s rights under the Leases, to exercise any of Mortgagor’s rights under the Leases, and to demand, receive and enforce payment, to give receipts, releases and satisfaction and to xxx, in the Rents name of Mortgagor or Mortgagee, for all of the Rents. The power of attorney granted hereby shall be irrevocable and Leases to have coupled with an interest and to hold absolutely until shall terminate only upon the indefeasible payment in full in cash of the Secured Obligations (including all monies secured by this Mortgage Letter of Credit Obligations), the termination or expiration of all Letters of Credit and all obligations of the Borrower in this Mortgage have been fully paid Issuing Banks and satisfied. The Borrower hereby grants to the Lender full power and authority to enter upon the Lands to collect the Rents, to demand, collect, xxx for, distrain for, recover, receive and give receipts for the Rents, to enforce payment of the Rents and performance of the obligations of any guarantees of payment and covenants to pay, and to exercise all rights Lenders in respect of any Letters of Credit, and the expiration or termination of all LeasesCommitments, in and Mortgagor hereby releases Mortgagee from all liability (other than as a result of the Lender’s own name gross negligence or in the name willful misconduct of and as agent Mortgagee) whatsoever for the Borrowerexercise of the foregoing power of attorney and all actions taken pursuant thereto. The consideration received by Mortgagor to execute and deliver this assignment and the Liens and security interests created herein is legally sufficient and will provide a direct economic benefit to Mortgagor. It is intended by Mortgagor and Mortgagee that the assignment set forth herein constitutes an absolute assignment and not merely an assignment for additional security. Notwithstanding the foregoing, as the Lender may elect, and hereby grants this assignment shall not be construed to bind Mortgagee to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, shall be entitled to collect and retain the Rents as and when they become due and payable according to the terms of the Lease and to deal with all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any obligations of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possession, or will have the effect of making the Lender responsible for the collection of the Rents or for the observance or performance or enforcement thereof or of any of the covenants, conditions, or provisions of Mortgagor contained in the Leases either or otherwise to impose any obligation upon Mortgagee, and, so long as no Event of Default shall have occurred and be continuing, Mortgagor shall have a license, revocable by Mortgagee, to possess and control the Borrower or by any other personLeases and collect and receive the Rents. Upon the occurrence of an Event of Default, liable to account for any monies except such monies as it actually receives pursuant to this license in favor of Mortgagor shall be automatically revoked. Mortgagee’s acceptance of the assignment of the Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured by this Mortgage. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment Deed of Rents and Leases may Trust shall not be taken either independently deemed to constitute Mortgagee a “secured party in possession,” nor obligate Mortgagee to appear in or in conjunction with defend any other rights proceeding relating to the Rents, any Leases, or remedies of the Lender Mortgaged Property, or to take any action hereunder, expend any money, incur any expenses, or perform any obligation under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment of Rents and any Leases.

Assignment of Rents and Leases. The Borrower hereby assigns to the Lender all right, title and interest All of the Borrower existing and future rents, leases, issues and profits of the Trust Property or any part thereof, and all rights in the Rents and Leases to have and to hold absolutely until all monies secured by this Mortgage Trust Property or any part thereof, and all obligations rights of the Borrower in this Mortgage have been fully paid and satisfied. The Borrower Trustor against any guarantors thereof, are hereby grants assigned to the Lender full power and authority to enter upon the Lands to collect the Rents, to demand, collect, xxx for, distrain for, recover, receive and give receipts Beneficiary as further security for the Rents, to enforce payment of the Rents indebtedness and performance of the obligations of any guarantees of payment obligations, covenants, promises and covenants agreements herein or secured hereby. When requested by Beneficiary from time to paytime, and within such time as Beneficiary may require, Trustor shall, to exercise all rights in respect the extent required, execute, deliver, and record, and shall cause any lessee, sublessee, assignee, tenant, or occupant (hereinafter collectively referred to as "Tenant") of Trustor designated by Beneficiary to execute, deliver, and record, separate lease assignments covering any or all Leasesof the leases that may affect any part or all of the Trust Property. Such separate lease assignments shall be in such form and contain such provisions as Beneficiary may in its discretion require and, in without limiting the Lender’s own name generality of the foregoing, may require any such Tenant to subordinate the Tenant's rights to the lien of this Deed of Trust. In no event shall Beneficiary be required to give nondisturbance or similar commitments to any of such Tenant. Whether or not separate lease assignments are required by Beneficiary, Trustor hereby authorizes and directs the Tenant of the Trust Property that, upon written notice from Beneficiary, all payments required under said leases, or in the name of and as agent for the Borrowerany way respecting same, as the Lender may elect, and hereby grants shall be made directly to the Lender irrevocable authority Beneficiary as they become due. Trustor hereby relieves said Tenant from any liability to join the Borrower Trustor by reason of said payments being made to Beneficiary. Nevertheless, until Beneficiary notifies said Tenants in any writing to make such proceedings or actions. Notwithstanding that this is a present and absolute assignmentpayments to Beneficiary, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, Trustor shall be entitled to collect and retain all such rents and/or payments. Beneficiary is hereby authorized to give such notification only in the Rents event of any breach or event of default by Trustor under Section 15 hereof. Trustor shall not, without the prior written consent of Beneficiary: (a) execute (except as and when they become due and payable according to the terms noted above) an assignment of the Lease rents, income, profits and benefits accruing from the Trust Property; or, (b) in any other manner impair the value of the Trust Property or the security of Beneficiary for the payment of the Note. Nothing contained herein shall obligate Beneficiary to deal with all Leases until perform the Lender gives notice to tenants directing that they pay the Rents to the Lenderduties of Trustor as landlord or lessor under any such leases or tenancies. The Borrower Trustor hereby covenants and agrees that it now has good shall at all times promptly and sufficient powerfaithfully perform, authority and right or cause to assign the Rents and Leases and other benefits to the Lender as herein provided and shall not further assignbe performed, pledge or otherwise encumber the Rents or Leases, accept any prepayment all of the Rentscovenants, nor do or omit to do conditions and agreements contained in any act having the effect of waiving, releasing, reducing or abating any rights or remedies and all leases of the Borrower Trust Property now or any obligations of any other party in connection with hereafter existing, on the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possession, or will have the effect of making the Lender responsible for the collection part of the Rents or for the observance or performance or enforcement thereof or of any of the provisions of the Leases either by the Borrower or by any other person, liable lessor thereunder to account for any monies except such monies as it actually receives pursuant to this assignment of Rents be kept and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured by this Mortgage. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment of Rents and Leasesperformed.

Assignment of Rents and Leases. The Borrower Subject to the First Mortgage, the Senior Loan Documents and any Secured Working Capital Loan, Mortgagor hereby presently assigns to the Lender Noteholder all of Mortgagor’s right, title and interest in and to any Leases, as defined hereinafter, with respect to the Property, and all rents, issues and profits of the Borrower in Property. “Lease” shall mean every lease or sublease or occupancy agreement for the Rents and Leases to have and to hold absolutely until use or hire of all monies secured by this Mortgage and all obligations or any portion of the Borrower Property which shall be in this Mortgage have been fully paid effect on the date hereof, or which shall hereafter be entered into, and satisfiedby which Mortgagor is a lessor or the like, and any renewals, extensions or other modifications thereof. The Borrower hereby Mortgagor grants to the Lender full power and authority to enter upon Noteholder, with or without the Lands to collect the Rents, to demand, collect, xxx for, distrain for, recover, receive and give receipts for the Rents, to enforce payment of the Rents and performance of the obligations of any guarantees of payment and covenants to pay, and to exercise all rights in respect of any or all Leases, in the Lender’s own name or in the name of and as agent for the Borrower, as the Lender may elect, and hereby grants to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, shall be entitled to collect and retain the Rents as and when they become due and payable according to the terms of the Lease and to deal with all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower Noteholder or any obligations of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possession, or will have the effect of making the Lender responsible for the collection of the Rents or for the observance or performance or enforcement thereof or of any of the provisions of the Leases either by the Borrower or by any other person, liable to account for any monies except such monies as it actually receives pursuant to this assignment of Rents and Leases less proper collection charges, inspection fees, costs Person (including, without limitation, legal fees a receiver) taking possession of the Property, the right to give notice to the tenants of this assignment, to collect rents, issues and disbursements profits from the tenants and to enter onto the Property for purposes of collecting the same and to let the Property and to apply such rents, issues and profits, after payment of all charges and expenses relating to the Property, to the Obligations. This assignment shall be an absolute assignment subject to the First Mortgage, the Senior Loan Documents and any Secured Working Capital Loan, and subject to the license herein granted to Mortgagor and Mortgagor’s obligations hereunder, and shall continue in effect until the Obligations are fully paid and performed. The Noteholder hereby grants a revocable license to Mortgagor to collect and use such rents, issues and profits; provided, however, that the foregoing license shall be automatically revoked, without any action on a full indemnification basis the Noteholder’s part, upon the occurrence of an Event of Default. Mortgagor hereby agrees to indemnify the Noteholder for, and in hold the Noteholder harmless from, any and all liability and expenses arising from any such Lease or other agreement or any assignments thereof, and no event less than on a solicitor and client basis) and assignment of any such Lease or other expenses expended agreement shall place the responsibility for the control, care, management or repair of the Property upon the Noteholder, nor make the Noteholder liable for any negligence or other tortious conduct, whether by the Lender and such monies when so received shallNoteholder or any other Person, at with respect to the discretion management, operation, upkeep, repair or control of the LenderProperty resulting in injury, be applied on account death, property or other damage or loss of any nature whatsoever. Mortgagor shall not cancel, amend or otherwise modify the monies secured by this Mortgageterms and conditions of any Lease without obtaining the Noteholder’s prior consent; nor shall Mortgagor accept payments of rent or the like more than one month in advance without obtaining the Noteholder’s prior consent. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases Noteholder may be taken either independently or in conjunction with any other exercise the Noteholder’s rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time under this section without first commencing foreclosure proceedings against the Property if the Noteholder so elects. Any such election by the Noteholder to perfect exercise the Noteholder’s rights from time to time under this assignment of Rents and Leasessection shall not prohibit the Noteholder from simultaneously or thereafter foreclosing upon the Property or exercising any other rights available to the Noteholder hereunder or at law.

Assignment of Rents and Leases. The Borrower hereby assigns Subject to the Lender limited license granted by Mortgagor in the Assignment of Rents and Leases (defined below), Mortgagor hereby presently, irrevocably, absolutely and unconditionally transfers, assigns and sets over unto Mortgagee all of its right, title and interest in and to all present and future leases, subleases, license agreements, concession agreements, lease termination agreements and other occupancy agreements of any nature, oral or written, of all or any portion of the Borrower Real Property, together with all modifications, supplements, extensions, renewals and replacements thereof now existing or hereafter made (each a “Lease” and collectively, the “Leases”), and also together with the rights to xxx for, collect and receive all rents, prepaid rents, additional rents, royalties, security deposits, damages payable upon default by tenant, or other sums in any of the Rents Leases provided to be paid to the landlord thereunder, profits, income, license fees, concession fees, lease termination fees and issues of the Security (collectively, “Rents”), to be applied by Mortgagee in payment of the Indebtedness and also together with the rights of Mortgagor to receive, hold and apply all bonds and security in all of the Leases provided to have be furnished to the landlord thereunder, and to hold absolutely until all monies secured by this Mortgage also together with any and all guaranties of the obligations of the Borrower tenants thereunder and the rights of Mortgagor to enforce any and all of the agreements, terms, covenants and conditions in this Mortgage have been fully paid all of the Leases provided and satisfiedto give notices thereunder. The Borrower hereby grants to the Lender full power Mortgagee may receive and authority to enter upon the Lands to collect the Rents, personally or through a receiver, upon the occurrence of an Event of Default. Mortgagor agrees to demandconsent to a receiver if this is believed necessary or desirable by Mortgagee to enforce its rights under this Section. Mortgagor shall not otherwise assign or pledge, collector contract, expressly or by implication, to assign or pledge, any Lease or the rights to xxx for, distrain for, recover, collect and receive and give receipts for the any Rents, or the rights to enforce payment of the Rents receive, hold and performance of the obligations of apply any guarantees of payment bonds and covenants to pay, and to exercise all rights security in respect of any or all Leases, in the Lender’s own name or in the name of and as agent for the Borrower, as the Lender may elect, and hereby grants to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, shall be entitled to collect and retain the Rents as and when they become due and payable according to the terms of the Lease and to deal with all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any obligations of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possession, or will have the effect of making the Lender responsible for the collection of the Rents or for the observance or performance or enforcement thereof or of any of the Leases provided to be furnished to the landlord thereunder, or the rights to enforce any of the agreements, terms, covenants or conditions of the Leases or to give notices thereunder, unless in each instance the written consent thereto of Mortgagee be first obtained. Nothing in this Mortgage shall be construed to obligate Mortgagee, expressly or by implication, to perform any of the covenants of Mortgagor as landlord under any of the Leases hereinabove assigned or to pay any sum of money or damages therein provided to be paid by the landlord. If Mortgagee shall from time to time suffer or permit Mortgagor to xxx for, collect or receive any Rents, or to receive, hold or apply any bonds or security under the Leases, or to enforce any of the agreements, terms, covenants or conditions thereunder or to give notices thereunder, neither such sufferance nor permission shall constitute a waiver or relinquishment by Mortgagee of the rights hereunder and hereby assigned to Mortgagee with respect to any subsequent Rents or with respect to any subsequent receipt, holding or application of bonds or security or any subsequent enforcement of such agreements, terms, covenants or conditions or any subsequent notices. Reference is made to that certain Assignment of Rents and Leases, executed by Mortgagor in favor of Mortgagee, of even date and record herewith (the “Assignment of Rents and Leases”). To the extent not provided herein, the terms and provisions of the Leases either by the Borrower or by any other person, liable to account for any monies except such monies as it actually receives pursuant to this assignment Assignment of Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured are by this Mortgagereference incorporated herein as though fully set forth herein. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this This Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy also secures Mortgagor’s obligations under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment Assignment of Rents and Leases.

Assignment of Rents and Leases. The Borrower Mortgagor hereby assigns assigns, transfers, conveys, and sets over to the Lender Mortgagee all of Mortgagor’s estate, right, title and interest in, to and under the Leases, whether existing on the date hereof or hereafter entered into, together with any changes, extensions, revisions or modifications thereof and all rights, powers, privileges, options and other benefits of Mortgagor as the lessor under the Leases regarding the current tenants and any future tenants, and all the Rents from the Leases, including those now due, past due, or to become due. Mortgagor irrevocably appoints Mortgagee its true and lawful attorney-in-fact, at the option of Mortgagee, upon the occurrence and during the continuance of an Event of Default, to take possession and control of the Borrower applicable portions of the Mortgaged Property, pursuant to Mortgagor’s rights under the Leases, to exercise any of Mortgagor’s rights under the Leases, and to demand, receive and enforce payment, to give receipts, releases and satisfaction and to sxx, in the Rents name of Mortgagor or Mortgagee, for all of the Rents. The power of attorney granted hereby shall be irrevocable and Leases to have coupled with an interest and to hold absolutely until shall terminate only upon the indefeasible payment in full in cash of the Secured Obligations (including all monies secured by this Mortgage Letter of Credit Obligations), the termination or expiration of all Letters of Credit and all obligations of the Borrower in this Mortgage have been fully paid Issuing Banks and satisfied. The Borrower hereby grants to the Lender full power and authority to enter upon the Lands to collect the Rents, to demand, collect, xxx for, distrain for, recover, receive and give receipts for the Rents, to enforce payment of the Rents and performance of the obligations of any guarantees of payment and covenants to pay, and to exercise all rights Banks in respect of any Letters of Credit, and the expiration or termination of all LeasesCommitments, in and Mortgagor hereby releases Mortgagee from all liability (other than as a result of the Lender’s own name gross negligence or in the name willful misconduct of and as agent Mortgagee) whatsoever for the Borrowerexercise of the foregoing power of attorney and all actions taken pursuant thereto. The consideration received by Mortgagor to execute and deliver this assignment and the liens and security interests created herein is legally sufficient and will provide a direct economic benefit to Mortgagor. It is intended by Mortgagor and Mortgagee that the assignment set forth herein constitutes an absolute assignment and not merely an assignment for additional security. Notwithstanding the foregoing, as the Lender may elect, and hereby grants this assignment shall not be construed to bind Mortgagee to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, shall be entitled to collect and retain the Rents as and when they become due and payable according to the terms of the Lease and to deal with all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any obligations of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possession, or will have the effect of making the Lender responsible for the collection of the Rents or for the observance or performance or enforcement thereof or of any of the covenants, conditions, or provisions of Mortgagor contained in the Leases either or otherwise to impose any obligation upon Mortgagee, and, so long as no Event of Default shall have occurred and be continuing, Mortgagor shall have a license, revocable by Mortgagee, to possess and control the Borrower or by any other personLeases and collect and receive the Rents. Upon the occurrence of an Event of Default, liable to account for any monies except such monies as it actually receives pursuant to this license in favor of Mortgagor shall be automatically revoked. Mortgagee’s acceptance of the assignment of the Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured by this Mortgage. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment Deed of Rents and Leases may Trust shall not be taken either independently deemed to constitute Mortgagee a “secured party in possession,” nor obligate Mortgagee to appear in or in conjunction with defend any other rights proceeding relating to the Rents, any Leases, or remedies of the Lender Mortgaged Property, or to take any action hereunder, expend any money, incur any expenses, or perform any obligation under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment of Rents and any Leases.

Assignment of Rents and Leases. The Borrower hereby assigns to the Lender all right, title and interest of the Borrower in the Rents and Leases to have and to hold absolutely until all monies secured by this Mortgage and all obligations of the Borrower in this Mortgage have been fully paid and satisfied. The Borrower hereby grants to the Lender full power and authority to enter upon the Lands to collect the Rents, to demand, collect, xxx sue for, distrain for, recover, receive and give receipts for the Rents, to enforce payment of the Rents and performance of the obligations of any guarantees of payment and covenants to pay, and to exercise all rights in respect of any or all Leases, in the Lender’s own name or in the name of and as agent for the Borrower, as the Lender may elect, and hereby grants to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, shall be entitled to collect and retain the Rents as and when they become due and payable according to the terms of the Lease and to deal with all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any obligations of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possession, or will have the effect of making the Lender responsible for the collection of the Rents or for the observance or performance or enforcement thereof or of any of the provisions of the Leases either by the Borrower or by any other person, liable to account for any monies except such monies as it actually receives pursuant to this assignment of Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured by this Mortgage. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment of Rents and Leases.

Assignment of Rents and Leases. The Borrower A. To further secure the indebtedness secured hereby. Mortgagor does hereby assigns sell, assign and transfer unto Mortgagee all the rents, issues and profits now due with respect to the Lender Premises and does hereby sell, assign and transfer onto Mortgagee all Mortgagor's right, title and interest as lessor under or by virtue of any lease, whether written or verbal, or any letting of, or of any agreement for the use or occupancy of the Borrower in Premises or any part thereof, which may have been heretofore or may be hereafter made or agreed to or which may be made or agreed to by Mortgagor or its agents or beneficiaries under the Rents powers herein granted, it being the intention hereby to establish an absolute transfer and Leases to have assignment of all of such leases and to hold absolutely until all monies secured by this Mortgage agreements, and all obligations the avails thereunder, unto Mortgagee, and Mortgagor does hereby appoint irrevocably Mortgagee its true and lawful attorney in its name and stead (with or without taking possession of the Borrower Premises as provided in this Mortgage have been fully paid and satisfied. The Borrower hereby grants Paragraph 17 hereof) to the Lender full power and authority to enter upon the Lands to collect the Rentsrent, to demand, collect, xxx for, distrain for, recover, receive and give receipts for the Rents, to enforce payment lease or let all or any portion of the Rents Premises to any party or parties at such rental and performance of the obligations of any guarantees of payment and covenants to payupon such terms as Mortgagee shall, in its discretion, determine, and to exercise collect all rights in respect of said avails, rents, issues and profits arising from or accruing at any or all Leases, in the Lender’s own name or in the name of and as agent for the Borrower, as the Lender may electtime hereafter, and hereby grants all now due or that may hereafter exist on the Premises, with the same rights and powers and subject to the Lender irrevocable authority same immunities, exoneration of liability and rights of recourse and indemnity as Mortgagee would have upon taking possession pursuant to join the Borrower in any such proceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, shall be entitled to collect and retain the Rents as and when they become due and payable according to the terms of the Lease and to deal with all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any obligations of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possession, or will have the effect of making the Lender responsible for the collection of the Rents or for the observance or performance or enforcement thereof or of any of the provisions of the Leases either by the Borrower or by any other person, liable to account for any monies except such monies as it actually receives pursuant to this assignment of Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured by this Mortgage. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment of Rents and LeasesParagraph 17 hereof.

Assignment of Rents and Leases. The Borrower Trustor hereby presently, irrevocably, absolutely, and unconditionally grants, transfers, assigns to the Lender and sets over unto Beneficiary all of its right, title and interest in and to all present and future leases, license agreements, concession agreements, lease termination agreements and other occupancy agreements of any nature, oral or written, of the Borrower Land and of space in the Rents Improvements together with all modifications, supplements, extensions, renewals and Leases replacements thereof now existing or hereafter made, and also together with the rights to have and to hold absolutely until all monies secured by this Mortgage and all obligations of the Borrower in this Mortgage have been fully paid and satisfied. The Borrower hereby grants to the Lender full power and authority to enter upon the Lands to collect the Rents, to demand, collect, xxx for, distrain forcollect and receive all rents, recoverprepaid rents, receive additional rents, royalties, security deposits, damages payable upon default by tenant, or other sums in any of said leases provided to the lessor thereunder, profits, income (including revenues from the letting of hotel rooms), license fees, concession fees, lease termination fees and give receipts for issues of the Security (collectively, the “Rents”), to enforce be applied by Beneficiary in payment of the Rents Indebtedness, and performance also together with any and all guaranties of the obligations of any guarantees the tenants thereunder and the rights of payment Trustor to receive, hold and covenants apply all bonds and security in all of said leases provided to paybe furnished to the lessor thereunder, and also together with the rights of Trustor to exercise enforce any and all rights of the agreements, terms, covenants and conditions in respect all of any or all Leases, in the Lender’s own name or in the name of said leases provided and as agent for the Borrower, as the Lender may elect, and hereby to give notices thereunder. Beneficiary grants to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is Trustor a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, shall be entitled revocable license to collect and retain the Rents as and when they become due and payable according to enforce such leases and agreements, so long as no Event of Default exists hereunder. Beneficiary may receive and collect the Rents personally or through a receiver upon the occurrence and during the continuance of an Event of Default so long as any such Event of Default shall exist and during the pendency of any foreclosure proceeding and during any redemption period. Trustor agrees to consent to a receiver if this is believed reasonably necessary or desirable by Beneficiary to enforce its rights under this Section. Trustor shall not otherwise assign or pledge, or contract, expressly or by implication, to assign or pledge, any lease of the Land or space in the Improvements or the rights to xxx for, collect and receive any Rents, or the rights to receive, hold and apply any bonds and security in any of said leases provided to be furnished to the terms of the Lease and to deal with all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any obligations of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possessionlessor thereunder, or will have the effect of making the Lender responsible for the collection of the Rents or for the observance or performance or enforcement thereof or of rights to enforce any of the provisions agreements, terms, covenants or conditions of said leases or to give notices thereunder, unless in each instance the written consent thereto of Beneficiary be first obtained. Nothing in this Deed of Trust shall be construed to obligate Beneficiary, expressly or by implication, to perform any of the Leases either covenants of Trustor as lessor under any of the leases hereinabove assigned or to pay any sum of money or damages therein provided to be paid by the Borrower or by any other person, liable to account for any monies except such monies as it actually receives pursuant to this assignment of Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured by this Mortgagelessor. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower If Beneficiary shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time suffer or permit Trustor to perfect this assignment xxx for, collect or receive any Rents, or to receive, hold or apply any bonds or security under said leases, or to enforce any of Rents the agreements, terms, covenants or conditions thereunder or to give notices thereunder, neither such sufferance nor permission shall constitute a waiver or relinquishment by Beneficiary of the rights hereunder and Leaseshereby assigned to Beneficiary with respect to any subsequent Rents, or with respect to any subsequent receipt, holding or application of bonds or security or any subsequent enforcement of such agreements, terms, covenants or conditions or any subsequent notices.

Assignment of Rents and Leases. The Borrower Mortgagor hereby assigns to the Lender absolutely and unconditionally assigns, transfers and sets over unto Mortgagee, its successors and assigns, all right, title present and interest future leases covering all or any part of the Borrower Mortgaged Property and all of the rents, income, receipts, revenues, issues and profits now due or which may hereafter become due under the leases of any extensions or renewals thereof, together with any and all rights and remedies which Mortgagor may have against any tenant under any of the leases or others in possession of the Mortgaged Property. Mortgagee shall not be obligated to perform or discharge any obligation or duty to be performed or discharged by Mortgagor under any of the leases; and Mortgagor hereby agrees to indemnify Mortgagee for, and to save Mortgagee harmless from, any and all liability, damage or expense arising from any of the leases or from this assignment, including attorneys' fees. This assignment shall not place responsibility for the control, care, management or repair of the Mortgaged Property upon Mortgagee. Upon any default in the Rents and Leases to have and to hold absolutely until all monies secured by this Mortgage and all obligations of the Borrower in this Mortgage have been fully paid and satisfied. The Borrower hereby grants to the Lender full power and authority to enter upon the Lands to collect the Rents, to demand, collect, xxx for, distrain for, recover, receive and give receipts for the Rents, to enforce payment of the Rents and performance of the obligations of any guarantees of payment and covenants to pay, and to exercise all rights in respect of any or all Leases, in the Lender’s own name or in the name of and as agent for the Borrower, as the Lender may elect, and hereby grants to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, shall be entitled to collect and retain the Rents as and when they become due and payable according to the terms of the Lease and to deal with all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any obligations of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possessionindebtedness, or will have the effect of making the Lender responsible for the collection of the Rents or for the observance or upon any default in performance or enforcement thereof or observance of any of the provisions terms, covenants or agreements of this Mortgage or any one or more of the Leases either by other instruments securing the Borrower Indebtedness and Obligations all rents assigned hereunder shall be paid directly to Mortgagee, and Mortgagee may notify the tenants under the leases (or by any other personparties in possession of the Mortgaged Property) to pay off the rents directly to Mortgagee. Rents collected by Mortgagee may be applied toward the payment of taxes, liable to account for any monies except such monies as it actually receives pursuant to this assignment assets, insurance premiums, repairs, protection of Rents and Leases less proper collection chargesthe Mortgaged Property, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by charges against the Lender and such monies when so received shallMortgaged Property, at or in the discretion reduction of the LenderIndebtedness and the payment of interest as Mortgagee may elect. Mortgagor shall not lease the Mortgaged Property without Mortgagee's consent, be applied on account however, if Mortgagee consents to a lease Mortgagor will comply with and observe the duties of lessor thereunder and Mortxxxxx xxxl furnish Mortgagee with a copy upon request. Mortxxxxx xxxees to provide Mortgagee a separate Assignment of Lease upon request to clarify the monies secured by this Mortgagerights of Mortxxxxx xxx Mortgagee therein. The giving absence of this a separate assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment the rights of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment of Rents and LeasesMortgagee granted hereby.

Assignment of Rents and Leases. The Borrower hereby assigns to the Lender all right, title and interest of the Borrower in the Rents and Leases to have and to hold absolutely until all monies secured by this Mortgage and all obligations of the Borrower in this Mortgage have been fully paid and satisfied. The Borrower hereby grants to the Lender full power and authority to enter upon the Lands to collect the Rents, to demand, collect, xxx for, distrain for, recover, receive and give receipts As additional security for the Rents, to enforce payment of the Rents indebtedness, Mortgagor assigns and performance transfers to Mortgagee, pursuant to 1953 PA 210, as amended by 1966 PA 151 (MCLA 554.231 et seq., MSA 26.1137(1) et seq.), all the rents, profits, and income under all leases, occupancy agreements, or arrangements upon or affecting the premises (including any extensions or amendments) now in existence or coming into existence during the period this mortgage is in effect. This assignment shall run with the land and be good and valid as against Mortgagor and those claiming under or through Mortgagor. This assignment shall continue to be operative during foreclosure or any other proceedings to enforce this mortgage. If a foreclosure sale results in a deficiency, this assignment shall stand as security during the redemption period for the payment of the obligations deficiency. This assignment is given only as collateral security and shall not be construed as obligating Mortgagee to perform any of the covenants or undertakings required to be performed by Mortgagor in any guarantees leases. In the event of payment default in any of the terms or covenants of this mortgage, Mortgagee shall be entitled to all of the rights and covenants to paybenefits of MCLA 554.233B, MSA 26.1137(1)B(3) and 1966 PA 151, and to exercise all rights in respect of any or all Leases, in the Lender’s own name or in the name of and as agent for the Borrower, as the Lender may elect, and hereby grants to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, Mortgagee shall be entitled to collect the rents and retain income from the Rents as premises, to rent or lease the premises on the terms that it may deem best, and when they become due and payable according to maintain proceedings to recover rents or possession of the premises from any tenant or trespasser. Mortgagee shall be entitled to enter the premises for the purpose of delivering notices or other communications to the terms tenants and occupants. Mortgagee shall have no liability to Mortgagor as a result of those acts. Mortgagee may deliver all of the Lease notices and communications by ordinary first-class U.S. mail. If Mortgagor obstructs Mortgagee in its efforts to deal collect the rents and income from the premises or unreasonably refuses or neglects to assist Mortgagee in collecting the rent and income, Mortgagee shall be entitled to appoint a receiver for the premises and the income, rents, and profits, with all Leases until powers that the Lender gives notice to tenants directing that they pay court making the Rents appointment may confer. Mortgagor shall at no time collect advance rent in excess of one month under any lease pertaining to the Lender. The Borrower covenants that it now has good premises, and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and Mortgagee shall not further assign, pledge be bound by any rent prepayment made or otherwise encumber the Rents received in violation of this paragraph. Mortgagee shall not have any obligation to collect rent or Leases, accept to enforce any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any other obligations of any other party in connection with tenant or occupant of the Leasespremises to Mortgagor. Nothing herein contained or any No action taken by the Lender as provided will make the Lender Mortgagee under this paragraph shall cause Mortgagee to become a "mortgagee in possession, or will have the effect of making the Lender responsible for the collection of the Rents or for the observance or performance or enforcement thereof or of any of the provisions of the Leases either by the Borrower or by any other person, liable to account for any monies except such monies as it actually receives pursuant to this assignment of Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured by this Mortgage. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment of Rents and Leases."

Assignment of Rents and Leases. The Borrower hereby assigns to the Lender all right, title and interest of the Borrower in the Rents and Leases to have and to hold absolutely until all monies secured by this Mortgage and all obligations of the Borrower in this Mortgage have been fully paid and satisfied. The Borrower hereby grants to the Lender full power and authority to enter upon the Lands to collect the Rents, to demand, collect, xxx sue for, distrain for, recover, receive and give receipts for the Rents, to enforce payment of the Rents and performance of the obligations of any guarantees anyguarantees of payment and covenants to pay, and to exercise all rights in respect of any or all Leases, Leases in the Lender’s own name or in the name of and as agent for the Borrower, as the Lender may elect, and hereby grants to the Lender irrevocable authority to join the Borrower in any such proceedings suchproceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, shall be entitled to collect and retain the Rents as and when they become due and payable according to the terms of the Lease and to deal with all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Rents, Leases and other benefits to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any obligations of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possession, or will have the effect of making the Lender responsible for the collection of the Rents or for the observance or performance or enforcement thereof or of any of anyof the provisions of the Leases either by the Borrower or by any other person, liable to account for any monies except such monies as it actually receives pursuant to this assignment of Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured by this bythis Mortgage. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment of Rents and Leases.

Assignment of Rents and Leases. The (a) Borrower hereby assigns assigns, transfers, conveys and sets over to the Lender all of Borrower’s estate, right, title and interest in, to and under the Leases, whether existing on the date hereof or hereafter entered into, together with any changes, extensions, revisions or modifications thereof and all rights, powers, privileges, options and other benefits of Borrower as the lessor under the Leases regarding the current tenants and any future tenants, and all the Rents from the Leases, including those now due, past due or to become due. Borrower irrevocably appoints Lender its true and lawful attorney-in-fact, at the option of Lender, at any time and from time to time upon the occurrence and during the continuance of an Event of Default, to take possession and control of the Borrower in Premises, pursuant to Borrower’s rights under the Rents Leases, to exercise any of Borrower’s rights under the Leases, and Leases to have and to hold absolutely until all monies secured by this Mortgage and all obligations of the Borrower in this Mortgage have been fully paid and satisfied. The Borrower hereby grants to the Lender full power and authority to enter upon the Lands to collect the Rents, to demand, collect, xxx for, distrain for, recover, receive and give receipts for the Rentsenforce payment, to enforce payment of the Rents give receipts, releases and performance of the obligations of any guarantees of payment and covenants to pay, satisfaction and to exercise all rights in respect of any or all Leasesxxx, in the Lender’s own name or in the name of and as agent for the Borrower, as the Lender may elect, and hereby grants to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, shall be entitled to collect and retain the Rents as and when they become due and payable according to the terms of the Lease and to deal with for all Leases until the Lender gives notice to tenants directing that they pay the Rents to the Lender. The Borrower covenants that it now has good and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and shall not further assign, pledge or otherwise encumber the Rents or Leases, accept any prepayment of the Rents. The power of attorney granted hereby shall be irrevocable and coupled with an interest and shall terminate only upon the payment of all sums due Lender for all losses, nor do or omit to do any act having costs, damages, fees and expenses whatsoever associated with the effect exercise of waivingthis power of attorney, releasing, reducing or abating any rights or remedies and Borrower hereby releases Lender from all liability (other than as a result of the Borrower gross negligence or any obligations willful misconduct of any other party in connection with the Leases. Nothing herein contained or any action taken by the Lender as provided will make the Lender a mortgagee in possession, or will have the effect of making the Lender responsible Lender) whatsoever for the collection exercise of the Rents or foregoing power of attorney and all actions taken pursuant thereto. The consideration received by Borrower to execute and deliver this assignment and the liens and security interests created herein is legally sufficient and will provide a direct economic benefit to Borrower. It is intended by Borrower and Lender that the assignment set forth herein constitutes an absolute assignment and not merely an assignment for additional security. Notwithstanding the observance or foregoing, this assignment shall not be construed to bind Lender to the performance or enforcement thereof or of any of the covenants, conditions or provisions of Borrower contained in the Leases either by the Borrower or by otherwise to impose any other person, liable to account for any monies except such monies as it actually receives pursuant to this assignment of Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the obligation upon Lender, and, so long as no Event of Default shall have occurred and be applied on account of the monies secured by this Mortgage. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way diminishcontinuing, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute have a license, revocable upon an Event of Default, to possess and deliver control the Premises and collect and receive all Rents. Upon an Event of Default, such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment of Rents and Leaseslicense shall be automatically revoked.

Assignment of Rents and Leases. The Borrower hereby assigns to the Lender all right, title and interest of the Borrower in the Rents and Leases to have and to hold absolutely until all monies secured by this Mortgage and all obligations of the Borrower in this Mortgage have been fully paid and satisfied. The Borrower hereby grants to the Lender full power and authority to enter upon the Lands to collect the Rents, to demand, collect, xxx for, distrain for, recover, receive and give receipts As additional security for the Rents, to enforce payment of the Rents indebtedness, Xxxxxxxxx assigns and performance transfers to Mortgagee, pursuant to 1953 PA 210, as amended by 1966 PA 151 (MCLA 554.231 et seq., MSA 26.1137(1) et seq.), all the rents, profits, and income under all leases, occupancy agreements, or arrangements upon or affecting the premises (including any extensions or amendments) now in existence or coming into existence during the period this Amended Consolidated Mortgage is in effect. This assignment shall run with the land and be good and valid as against Xxxxxxxxx and those claiming under or through Mortgagor. This assignment shall continue to be operative during foreclosure or any other proceedings to enforce this Amended Consolidated Mortgage. If a foreclosure sale results in a deficiency, this assignment shall stand as security during the redemption period for the payment of the obligations deficiency. This assignment is given only as collateral security and shall not be construed as obligating Mortgagee to perform any of the covenants or undertakings required to be performed by Mortgagor in any guarantees leases. In the event of payment default in any of the terms or covenants of this Amended Consolidated Mortgage, Mortgagee shall be entitled to all of the rights and covenants to paybenefits of MCLA 554.231B.233, MSA 26.1137(1)B(3) and 1966 PA 151, and to exercise all rights in respect of any or all Leases, in the Lender’s own name or in the name of and as agent for the Borrower, as the Lender may elect, and hereby grants to the Lender irrevocable authority to join the Borrower in any such proceedings or actions. Notwithstanding that this is a present and absolute assignment, (subject to redemption on repayment of all monies secured by this Mortgage), the Borrower, as agent for the Lender, Mortgagee shall be entitled to collect the rents and retain income from the Rents as premises, to rent or lease the premises on the terms that it may deem best, and when they become due and payable according to maintain proceedings to recover rents or possession of the premises from any tenant or trespasser. Mortgagee shall be entitled to enter the premises for the purpose of delivering notices or other communications to the terms tenants and occupants. Mortgagee shall have no liability to Mortgagor as a result of those acts. Mortgagee may deliver all of the Lease notices and communications by ordinary first-class U.S. mail. If Mortgagor obstructs Mortgagee in its efforts to deal collect the rents and income from the premises or unreasonably refuses or neglects to assist Mortgagee in collecting the rent and income, Mortgagee shall be entitled to appoint a receiver for the premises and the income, rents, and profits, with all Leases until powers that the Lender gives notice to tenants directing that they pay court making the Rents appointment may confer. Mortgagor shall at no time collect advance rent in excess of one month under any lease pertaining to the Lender. The Borrower covenants that it now has good premises, and sufficient power, authority and right to assign the Rents and Leases and other benefits to the Lender as herein provided and Mortgagee shall not further assign, pledge be bound by any rent prepayment made or otherwise encumber the Rents received in violation of this paragraph. Mortgagee shall not have any obligation to collect rent or Leases, accept to enforce any prepayment of the Rents, nor do or omit to do any act having the effect of waiving, releasing, reducing or abating any rights or remedies of the Borrower or any other obligations of any other party in connection with tenant or occupant of the Leasespremises to Mortgagor. Nothing herein contained or any No action taken by the Lender as provided will make the Lender Mortgagee under this paragraph shall cause Mortgagee to become a "mortgagee in possession, or will have the effect of making the Lender responsible for the collection of the Rents or for the observance or performance or enforcement thereof or of any of the provisions of the Leases either by the Borrower or by any other person, liable to account for any monies except such monies as it actually receives pursuant to this assignment of Rents and Leases less proper collection charges, inspection fees, costs (including, without limitation, legal fees and disbursements on a full indemnification basis and in no event less than on a solicitor and client basis) and other expenses expended by the Lender and such monies when so received shall, at the discretion of the Lender, be applied on account of the monies secured by this Mortgage. The giving of this assignment of Rents and Leases is by way of additional and collateral security for all monies secured by this Mortgage and not in substitution for any other security and will not in any way diminish, novate or otherwise affect any other security and such other security will not diminish, novate or otherwise affect this assignment of Rents and Leases. Any right or remedy under this assignment of Rents and Leases may be taken either independently or in conjunction with any other rights or remedies of the Lender under this Mortgage. The Borrower shall execute and deliver such further assurances, assignments, notices or other documents and do all such other things as the Lender may reasonably require from time to time to perfect this assignment of Rents and Leases."