10-25-01 3. MORTGAGE - Laserfiche WebLink

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(c) This document covers goods which are or are to become fixtures. 13. Assignment of Leases and Rents. The Mortgagor does hereby grant,transfer and assign to the Mortgagee (the "Assignment") all of the right, title and interest of the Mortgagor in and to(i)any and all present or future leases or tenancies,whether written or oral, covering or affecting any or all of the Mortgaged Property(all of which,together with any and all extensions,modifications and renewals thereof,are hereinafter collectively referred to as the "Leases" and each of which is referred to as a "Lease"), and (ii) all rents, profits and other income or payments of any kind due or payable or to become due or payable to or by the Mortgagor as the result of any use, possession or occupancy of all or any portion of the Mortgaged Property or as the result of the use of or lease of any personal property constituting a part of the Mortgaged Property(all of which are hereinafter collectively referred to as"Rents"), but not including any general revenues, income or accounts receivable of the Mortgagor, and whether the Rents accrue before or after foreclosure of the Mortgage or during the periods of redemption thereof, all for the purpose of securing: (a) All indebtedness under the Loan Agreement and all other sums secured by this Mortgage and Assignment pertaining to the Bonds; and (b) Performance and discharge of each and every obligation, covenant and agreement of the Mortgagor contained herein and in the Loan Agreement. 14. Covenant. The Mortgagor warrants and covenants that it is and will remain the absolute owner of the Rents and Leases free and clear of all liens and encumbrances other than the lien granted herein and Permitted Encumbrances;that it has not heretofore assigned or otherwise encumbered its interest in any of the Rents or Leases to any person other than as set forth in the Permitted Encumbrances;that it has the right under applicable law,under the Leases, and otherwise to execute and deliver this Assignment and keep and perform all of its obligations hereunder; that it will warrant and defend the Leases and Rents against all adverse claims, whether now existing or hereafter arising. 15. Performance of Leases. The Mortgagor will faithfully abide by,perform and discharge each and every obligation, covenant and agreement which it is now or hereafter becomes liable to observe or perform under any present or future Lease,and,at its sole cost and expense, enforce or secure the performance of each and every obligation, covenant, condition and agreement to be performed by the tenant under each and every Lease, subject to such waivers or extensions of time as may be granted by Mortgagor, provided that Mortgagee shall have the right,at any time,to rescind any such waiver or extension of time. The Mortgagor will observe and comply with all provisions of law applicable to the operation and ownership of the Mortgaged Property. The Mortgagor will at its sole cost and expense,appear in and defend any action or proceeding arising under, growing out of or in any manner connected with any Lease or the obligations, duties or liabilities of the Mortgagor or any tenant thereunder. 11