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<br />Section 1.20. Further Acts. The Grantor shall do and perform all acts necessary to keep valid
<br />and effective the charges and lien hereof and to carry into effect its objectives and purposes, in order to
<br />protect the Beneficiary. Promptly upon written request, from time to time, of the Beneficiary or the
<br />Controlling Person and at the Grantor’s expense, the Grantor shall execute, acknowledge and deliver to
<br />the Beneficiary such other and further instruments and do such other acts as in the opinion of the
<br />Beneficiary or the Controlling Person may be necessary or appropriate to (a) grant to the Beneficiary the
<br />priority perfected lien and security interest in respect of the Property to secure all of the Secured
<br />Obligations, (b) grant to the Beneficiary, to the fullest extent permitted by applicable law, the right to
<br />foreclose on the Property judicially or nonjudicially or to exercise the power of sale, (c) correct any
<br />defect, error or omission which may be discovered in the contents of this Mortgage (including all exhibits
<br />and/or schedules hereto) or any of the other Funding Loan Documents, (d) identify more fully and subject
<br />to the liens, encumbrances and security interests and assignments created hereby and properly intended by
<br />the terms hereof to be covered hereby (including any renewals, additions, substitutions, replacements or
<br />appurtenances to the Property), (e) assure the intended priority of this Mortgage and of such liens,
<br />encumbrances, security interests and assignments, and (f) otherwise effect the intent of this Mortgage.
<br />Without limiting the generality of the foregoing, the Grantor, upon the Beneficiary’s or the Controlling
<br />Person’s written request, at such times and as often as may be reasonably necessary, and, to the extent
<br />consistent with applicable law, at the Grantor’s own expense, shall promptly record, rerecord, file and
<br />refile in such offices, this Mortgage, and every other instrument in addition or supplemental hereto,
<br />including applicable financing statements, as may be necessary to create, perfect, maintain and preserve
<br />the liens, encumbrances and security interests (and priority thereof) intended to be created hereby and the
<br />rights and remedies of the Beneficiary hereunder. Upon written request by the Beneficiary or the
<br />Controlling Person, the Grantor shall supply evidence of fulfillment of its obligations under this Section
<br />1.20.
<br />ARTICLE 2
<br />ASSIGNMENT OF RENTS, LEASES AND OTHER AGREEMENTS
<br />Section 2.01. Assignment of Rents and Leases, Issues and Profits. As part of the consideration
<br />for the Secured Obligations, and not as additional security therefor, the Grantor hereby irrevocably,
<br />absolutely, presently, and unconditionally assigns to the Beneficiary all of the Rents and hereby gives to
<br />and confers upon the Beneficiary the right, power and authority to collect such Rents. The Grantor
<br />irrevocably appoints the Beneficiary its true and lawful attorney-in-fact, acting at the written direction of
<br />the Controlling Person, at any time and from time to time, to demand, receive and enforce payment, to
<br />give receipts, releases and satisfactions, and to sue in its name or in the name of the Grantor, for all such
<br />Rents, and apply the same to the payment of the Secured Obligations; provided, however, that the Grantor
<br />shall have and is hereby granted the right, in the form of a revocable license, to enforce payment, give
<br />satisfactions, sue for and collect such Rents (but not more than one month in advance unless the written
<br />approval of the Controlling Person has first been obtained), and to retain and enjoy the same, so long as
<br />an Event of Default shall not have occurred hereunder and be continuing. The assignment of the Rents in
<br />this Article 2 is intended to be an absolute assignment from the Grantor to the Beneficiary and not merely
<br />the passing of a security interest. The Grantor and the Beneficiary further agree that, solely for the
<br />purposes of any bankruptcy of the Grantor or its general partner(s), during the term of this Mortgage, the
<br />Rents shall not constitute property of the Grantor (or of any estate of the Grantor) within the meaning of
<br />11 U.S.C. §541, as amended from time to time.
<br />Section 2.02. Collection Upon Default. Upon the occurrence and during the continuation of an
<br />Event of Default hereunder, the license granted to the Grantor in Section 2.01 shall be automatically
<br />revoked without notice. The Beneficiary may, at any time without notice, upon the written direction of
<br />the Controlling Person, either in person, by agent or by a receiver appointed by a court, and without
<br />regard to the adequacy of any security for the Secured Obligations, enter upon and take possession of the
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