Common use of Assignment; Discharge of Obligations Clause in Contracts

Assignment; Discharge of Obligations. Grantor hereby unconditionally, absolutely and presently bargains, sells, grants, assigns, releases and sets over unto Beneficiary and Trustee (1) all Leases and all other tenancies, occupancies, subleases, franchises and concessions of the Land or Improvements or which in any way affect the use or occupancy of all or any part of the Land or Improvements, and any other agreements affecting the use and occupancy of all or any part of the Land or Improvements, in each case, whether now or hereafter existing, and all right, title and interest of Grantor thereunder, including all rights to all security or other deposits, (2) all guarantees of the obligations of any lessee, licensee or other similar party under any of the foregoing, whether now or hereafter existing, and (3) the Rents, regardless of whether the Rents accrue before or after foreclosure or during the full period of redemption. For the aforesaid purpose, Grantor does hereby irrevocably constitute and appoint Beneficiary its attorney-in-fact, in its name, to receive and collect all Rents, as the same accrue, WCSR 7692675 Deed of Trust Loan No. 374-0470 and, out of the amount so collected, Beneficiary, its successors and assigns, are hereby authorized (but not obligated) to pay and discharge the Obligations (including any accelerated Obligations) in such order as Beneficiary may determine and whether due or not, and to pay the remainder, if any, to Grantor, or as otherwise required by law. Neither this assignment nor any such action shall constitute Beneficiary as a “mortgagee in possession” or otherwise make Beneficiary responsible or liable in any manner with respect to the Secured Property or the use, occupancy, 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 Secured Property by any court at the request of Beneficiary or by agreement with Grantor, or the entering into possession of the Secured 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 Secured Property or the use, occupancy, enjoyment or operation of all or any portion thereof. The assignment of all Leases and Rents in this Section 1.09 is intended to be an absolute, unconditional and present assignment from Grantor to Beneficiary and not merely the passing of a security interest. Grantor shall, at any time or from time to time, upon request of Beneficiary, execute and deliver any instrument as may be requested by Beneficiary to further evidence the assignment and transfer to Beneficiary of Grantor’s interest in any Lease or Rents. Nothing herein shall in any way limit Beneficiary’s remedies or Grantor’s Obligations under the Assignment.

Assignment; Discharge of Obligations. Grantor Borrower hereby unconditionally, absolutely and presently bargains, sells, grants, assigns, releases and sets over unto Beneficiary and Trustee Lender (1) all Leases and all other tenancies, occupancies, subleases, franchises and concessions of the Land or Improvements or which in any way affect the use or occupancy of all or any part of the Land or Improvements, and any other agreements affecting the use and occupancy of all or any part of the Land or Improvements, in each case, whether now or hereafter existing, and all right, title and interest of Grantor Borrower thereunder, including all rights to all security or other deposits, (2) all guarantees of the obligations Obligations of any lessee, licensee or other similar party under any of the foregoing, whether now or hereafter existing, and (3) the Rents, regardless of whether the Rents accrue before or after foreclosure or during the full period of redemption. For the aforesaid purpose, Grantor Borrower does hereby irrevocably constitute and appoint Beneficiary Lender its attorney-in-fact, in its name, to receive and collect all Rents, as the same accrue, WCSR 7692675 Deed of Trust Loan No. 374-0470 and, out of the amount so collected, BeneficiaryLender, its successors and assigns, are hereby authorized (but not obligated) to pay and discharge the Obligations (including any accelerated Obligations) in such order as Beneficiary Lender may determine and whether due or not, and to pay the remainder, if any, to GrantorBorrower, or as otherwise required by law. Neither this assignment nor any such action shall constitute Beneficiary Lender as a “"mortgagee in possession” " or otherwise make Beneficiary Lender responsible or liable in any manner with respect to the Secured Property or the use, occupancy, enjoyment or operation of all or any portion thereof, unless and until BeneficiaryLender, in person or by agent, assumes actual possession thereof. Nor shall appointment of a receiver for the Secured Property by any court at the request of Beneficiary Lender or by agreement with GrantorBorrower, or the entering into possession of the Secured Property or any part thereof by such receiver, be deemed to make Beneficiary Lender a mortgagee-in-possession or otherwise responsible or liable in any manner with respect to the Secured Property or the use, occupancy, enjoyment or operation of all or any portion thereof. The assignment of all Leases and Rents in this Section 1.09 is intended to be an absolute, unconditional and present assignment from Grantor Borrower to Beneficiary Lender and not merely the passing of a security interest. Grantor Borrower shall, at any time or from time to time, upon request of BeneficiaryLender, execute and deliver any instrument as may be requested by Beneficiary Lender to further evidence the assignment and transfer to Beneficiary Lender of Grantor’s Borrower's interest in any Lease or Rents. Nothing herein shall in any way limit Beneficiary’s Lender's remedies or Grantor’s Borrower's Obligations under the Assignment.

Assignment; Discharge of Obligations. Grantor Trustor hereby unconditionally, absolutely and presently bargains, sells, grants, assigns, releases and sets over unto Beneficiary and Trustee (on behalf of the Note Holders) (1) all Leases and all other tenancies, occupancies, subleases, franchises and concessions of the Land or Improvements or which in any way affect the use or occupancy of all or any part of the Land or Improvements, and any other agreements affecting the use and occupancy of all or any part of the Land or Improvements, in each case, whether now or hereafter existing, and all right, title and interest of Grantor Trustor thereunder, including all rights to all security or other deposits, (2) all guarantees of the obligations Obligations of any lessee, licensee or other similar party under any of the foregoing, whether now or hereafter existing, (3) all Lease Termination Proceeds, and (34) the Rents, regardless of whether the Rents accrue before or after foreclosure or during the full period of redemption. For the aforesaid purpose, Grantor Trustor does hereby irrevocably constitute and appoint Beneficiary its attorney-in-fact, in its name, to receive and collect all Rents, as the same accrue, WCSR 7692675 Deed of Trust Loan No. 374-0470 and, out of the amount so collected, Beneficiary, its successors and assigns, are hereby authorized (but not obligated) to pay and discharge the Obligations (including any accelerated Obligations) in such order as Beneficiary may determine and whether due or not, and to pay the remainder, if any, to GrantorTrustor, or as otherwise required by law. Neither this assignment nor any such action shall constitute Beneficiary as a “"mortgagee in possession” " or otherwise make Beneficiary responsible or liable in any manner with respect to the Secured Property or the use, occupancy, 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 Secured Property by any court at the request of Beneficiary or by agreement with GrantorTrustor, or the entering into possession of the Secured 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 Secured Property or the use, occupancy, enjoyment or operation of all or any portion thereof. The assignment of all Leases and Rents in this Section 1.09 is intended to be an absolute, unconditional and present assignment from Grantor Trustor to Beneficiary Beneficiary, on behalf of the Note Holders, and not merely the passing of a security interest. Grantor Trustor shall, at any time or from time to time, upon request of Beneficiary, execute and deliver any instrument as may be requested by Beneficiary to further evidence the assignment and transfer to Beneficiary of Grantor’s Trustor's interest in any Lease or Rents. Nothing herein shall in any way limit Beneficiary’s 's remedies or Grantor’s Trustor's Obligations under the Assignment.

Assignment; Discharge of Obligations. Grantor Mortgagor hereby unconditionally, absolutely and presently bargains, sells, grants, assigns, releases and sets over unto Beneficiary and Trustee Mortgagee (1) all Leases and all other tenancies, occupancies, subleases, franchises and concessions of the Land or Improvements or which in any way affect the use or occupancy of all or any part of the Land or Improvements, and any other agreements affecting the use and occupancy of all or any part of the Land or Improvements, in each case, whether now or hereafter existing, and all right, title and interest of Grantor Mortgagor thereunder, including all rights to all security or other deposits, (2) all guarantees of the obligations of any lessee, licensee or other MORTGAGE, ASSIGNMENT OF LEASES AND RENTS AND SECURITY AGREEMENT 096780 000064 DALLAS 2814275.4 Loan No. 374-0366 Florida similar party under any of the foregoing, whether now or hereafter existing, and (3) the Rents, regardless of whether the Rents accrue before or after foreclosure or during the full period of redemption. For the aforesaid purpose, Grantor Mortgagor does hereby irrevocably constitute and appoint Beneficiary Mortgagee its attorney-in-fact, in its name, to receive and collect all Rents, as the same accrue, WCSR 7692675 Deed of Trust Loan No. 374-0470 and, out of the amount so collected, BeneficiaryMortgagee, its successors and assigns, are hereby authorized (but not obligated) to pay and discharge the Obligations (including any accelerated Obligations) in such order as Beneficiary Mortgagee may determine and whether due or not, and to pay the remainder, if any, to GrantorMortgagor, or as otherwise required by law. Neither this assignment nor any such action shall constitute Beneficiary Mortgagee as a “mortgagee in possession” or otherwise make Beneficiary Mortgagee responsible or liable in any manner with respect to the Secured Property or the use, occupancy, enjoyment or operation of all or any portion thereof, unless and until BeneficiaryMortgagee, in person or by agent, assumes actual possession thereof. Nor shall appointment of a receiver for the Secured Property by any court at the request of Beneficiary Mortgagee or by agreement with GrantorMortgagor, or the entering into possession of the Secured Property or any part thereof by such receiver, be deemed to make Beneficiary Mortgagee a mortgagee-in-possession or otherwise responsible or liable in any manner with respect to the Secured Property or the use, occupancy, enjoyment or operation of all or any portion thereof. The assignment of all Leases and Rents in this Section 1.09 is intended to be an absolute, unconditional and present assignment from Grantor Mortgagor to Beneficiary Mortgagee and not merely the passing of a security interest. Grantor Mortgagor shall, at any time or from time to time, upon request of BeneficiaryMortgagee, execute and deliver any instrument as may be requested by Beneficiary Mortgagee to further evidence the assignment and transfer to Beneficiary Mortgagee of GrantorMortgagor’s interest in any Lease or Rents. Nothing herein shall in any way limit BeneficiaryMortgagee’s remedies or GrantorMortgagor’s Obligations under the Assignment.

Assignment; Discharge of Obligations. Grantor Mortgagor hereby unconditionally, absolutely and presently bargains, sells, grants, assigns, releases and sets over unto Beneficiary and Trustee Mortgagee (1) all Leases and all other tenancies, occupancies, subleases, franchises and concessions of the Land or Improvements or which in any way affect the use or occupancy of all or any part of the Land or Improvements, and any other agreements affecting the use and occupancy of all or any part of the Land or Improvements, in each case, whether now or hereafter existing, and all right, title and interest of Grantor Mortgagor thereunder, including all rights to all security or other deposits, (2) all guarantees of the obligations Obligations of any lessee, licensee or other similar party under any of the foregoing, whether now or hereafter existing, and (3) the Rents, regardless of whether the Rents accrue before or after foreclosure or during the full period of redemption. For the aforesaid purpose, Grantor effective upon the occurrence of an Event of Default, Mortgagor does hereby irrevocably constitute and appoint Beneficiary Mortgagee its attorney-in-fact, in its name, to receive and collect all Rents, as the same accrue, WCSR 7692675 Deed of Trust Loan No. 374-0470 and, out of the amount so collected, BeneficiaryMortgagee, its successors and assigns, are hereby authorized (but not obligated) to pay and discharge the Obligations (including any accelerated Obligations) in such order as Beneficiary Mortgagee may determine and whether due or not, and to pay the remainder, if any, to GrantorMortgagor, or as otherwise required by law. Neither this assignment nor any such action shall constitute Beneficiary Mortgagee as a “mortgagee in possession” or otherwise make Beneficiary Mortgagee responsible or liable in any manner with respect to the Secured Property or the use, occupancy, enjoyment or operation of all or any portion thereof, unless and until BeneficiaryMortgagee, in person or by agent, assumes actual possession thereof. Nor shall appointment of a receiver for the Secured Property by any court at the request of Beneficiary Mortgagee or by agreement with GrantorMortgagor, or the entering into possession of the Secured Property or any part thereof by such receiver, be deemed to make Beneficiary Mortgagee a mortgagee-in-possession or otherwise responsible or liable in any manner with respect to the Secured Property or the use, occupancy, enjoyment or operation of all or any portion thereof. The assignment of all Leases and Rents in this Section 1.09 is intended to be an absolute, unconditional and present assignment from Grantor Mortgagor to Beneficiary Mortgagee and not merely the passing of a security interest. Grantor Mortgagor shall, at any time or from time to time, upon request of BeneficiaryMortgagee, execute and deliver any instrument as may be requested by Beneficiary Mortgagee to further evidence the assignment and transfer to Beneficiary Mortgagee of GrantorMortgagor’s interest in any Lease or Rents. Nothing herein shall in any way limit BeneficiaryMortgagee’s remedies or GrantorMortgagor’s Obligations under the Assignment.

Assignment; Discharge of Obligations. Grantor hereby unconditionally, absolutely and presently bargains, sells, grants, assigns, releases and sets over unto Beneficiary and Trustee (1) all Leases and all other tenancies, occupancies, subleases, franchises and concessions of the Land or Improvements or which in any way affect the use or occupancy of all or any part of the Land or Improvements, and any other agreements affecting the use and occupancy of all or any part of the Land or Improvements, in each case, whether now or hereafter existing, and all right, title and interest of Grantor thereunder, including all rights to all security or other deposits, (2) all guarantees of the obligations of any lessee, licensee or other similar party under any of the foregoing, whether now or hereafter existing, and (3) the Rents, regardless of whether the Rents accrue before or after foreclosure or during the full period of redemption. For the aforesaid purpose, Grantor does hereby irrevocably constitute and appoint Beneficiary its attorney-in-fact, in its name, to receive and collect all Rents, as the same accrue, WCSR 7692675 Deed of Trust Loan No. 374-0470 and, out of the amount so collected, Beneficiary, its successors and assigns, are hereby authorized (but not obligated) to pay and discharge the Obligations (including any accelerated Obligations) in such order as Beneficiary may determine and whether due or not, and to pay the remainder, if any, to Grantor, or as otherwise required by law. Neither this assignment nor any such action shall constitute Beneficiary as a “"mortgagee in possession” " or otherwise make Beneficiary responsible or liable in any manner with respect to the Secured Property or the use, occupancy, 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 Secured Property by any court at the request of Beneficiary or by agreement with Grantor, or the entering into possession of the Secured 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 Secured Property or the use, occupancy, enjoyment or operation of all or any portion thereof. The assignment of all Leases and Rents in this Section 1.09 is intended to be an absolute, unconditional and present assignment from Grantor to Beneficiary and not merely the passing of a security interest. Grantor shall, at any time or from time to time, upon request of BeneficiaryBxxxxxxxxxx, execute and deliver any instrument as may be requested by Beneficiary to further evidence the assignment and transfer to Beneficiary of Grantor’s 's interest in any Lease or Rents. Nothing herein shall in any way limit Beneficiary’s 's remedies or Grantor’s 's Obligations under the Assignment.

Assignment; Discharge of Obligations. Grantor hereby unconditionally, absolutely and presently bargains, sells, grants, assigns, releases and sets over unto Beneficiary and Trustee (1) all Leases and all other tenancies, occupancies, subleases, franchises and concessions of the Land or Improvements or which in any way affect the use or occupancy of all or any part of the Land or Improvements, and any other agreements affecting the use and occupancy of all or any part of the Land or Improvements, in each case, whether now or hereafter existing, and all right, title and interest of Grantor thereunder, including all rights to all security or other deposits, (2) all guarantees of the obligations of any lessee, licensee or other similar party under any of the foregoing, whether now or hereafter existing, and (3) the Rents, regardless of whether the Rents accrue before or after foreclosure or during the full period of redemption. For the aforesaid purpose, Grantor does hereby irrevocably constitute and appoint Beneficiary its attorney-in-fact, in its name, to receive and collect all Rents, as the same accrue, WCSR 7692675 Deed of Trust Loan No. 374-0470 and, out of the amount so collected, Beneficiary, its successors and assigns, are hereby authorized (but not obligated) to pay and discharge the Obligations (including any accelerated Obligations) in such order as Beneficiary may determine and whether due or not, and to pay the remainder, if any, to Grantor, or as otherwise required by law. Neither this assignment nor any such action shall constitute Beneficiary as a “"mortgagee in possession” " or otherwise make Beneficiary responsible or liable in any manner with respect to the Secured Property or the use, occupancy, 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 Secured Property by any court at the request of Beneficiary or by agreement with Grantor, or the entering into possession of the Secured 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 Secured Property or the use, occupancy, enjoyment or operation of all or any portion thereof. The assignment of all Leases and Rents in this Section 1.09 is intended to be an absolute, unconditional and present assignment from Grantor to Beneficiary and not merely the passing of a security interest. Grantor shall, at any time or from time to time, upon request of BeneficiaryXxxxxxxxxxx, execute and deliver any instrument as may be requested by Beneficiary to further evidence the assignment and transfer to Beneficiary of Grantor’s 's interest in any Lease or Rents. Nothing herein shall in any way limit Beneficiary’s 's remedies or Grantor’s 's Obligations under the Assignment.

Assignment; Discharge of Obligations. Grantor hereby unconditionally, absolutely and presently bargains, sells, grants, assigns, releases and sets over unto Beneficiary and Trustee (1) all Leases and all other tenancies, occupancies, subleases, franchises and concessions of the Land or Improvements or which in any way affect the use or occupancy of all or any part of the Land or Improvements, and any other agreements affecting the use and occupancy of all or any part of the Land or Improvements, in each case, whether now or hereafter existing, and all right, title and interest of Grantor thereunder, including all rights to all security or other deposits, (2) all guarantees of the obligations of any lessee, licensee or other similar party under any of the foregoing, whether now or hereafter existing, and (3) the Rents, regardless of whether the Rents accrue before or after foreclosure or during the full period of redemption. For the aforesaid purpose, Grantor does hereby irrevocably constitute and appoint Beneficiary its attorney-in-fact, in its name, to receive and collect all Rents, as the same accrue, WCSR 7692675 Deed of Trust Loan No. 374-0470 and, out of the amount so collected, Beneficiary, its successors and assigns, are hereby authorized (but not obligated) to pay and discharge the Obligations (including any accelerated Obligations) in such order as Beneficiary may determine and whether due or not, and to pay the remainder, if any, to Grantor, or as otherwise required by law. Neither this assignment nor any such action shall constitute Beneficiary as a “"mortgagee in possession” " or otherwise make Beneficiary responsible or liable in any manner with respect to the Secured Property or the use, occupancy, 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 Secured Property by any court at the request of Beneficiary or by agreement with Grantor, or the entering into possession of the Secured 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 Secured Property or the use, occupancy, enjoyment or operation of all or any portion thereof. The assignment of all Leases and Rents in this Section 1.09 is intended to be an absolute, unconditional and present assignment from Grantor to Beneficiary and not merely the passing of a security interest. Grantor shall, at any time or from time to time, upon request of Beneficiary, execute and deliver any instrument as may be requested by Beneficiary to further evidence the assignment and transfer to Beneficiary of Grantor’s 's interest in any Lease or Rents. Nothing herein shall in any way limit Beneficiary’s 's remedies or Grantor’s 's Obligations under the Assignment.

Assignment; Discharge of Obligations. Grantor Mortgagor hereby unconditionally, absolutely and presently bargains, sells, grants, assigns, releases and sets over unto Beneficiary and Trustee Mortgagee (1) all Leases and all other tenancies, occupancies, subleases, franchises and concessions of the Land or Improvements or which in any way affect the use or occupancy of all or any part of the Land or Improvements, and any other agreements affecting the use and occupancy of all or any part of the Land or Improvements, in each case, whether now or hereafter existing, and all right, title and interest of Grantor Mortgagor thereunder, including all rights to all security or other deposits, (2) all guarantees of the obligations Obligations of any lessee, licensee or other similar party under any of the foregoing, whether now or hereafter existing, and (3) the Rents, regardless of whether the Rents accrue before or after foreclosure or during the full period of redemption. For the aforesaid purpose, Grantor Mortgagor does hereby irrevocably constitute and appoint Beneficiary Mortgagee its attorney-in-fact, in its name, to receive and collect all Rents, as the same accrue, WCSR 7692675 Deed of Trust Loan No. 374-0470 and, out of the amount so collected, BeneficiaryMortgagee, its successors and assigns, are hereby authorized (but not obligated) to pay and discharge the Obligations (including any accelerated Obligations) in such order as Beneficiary Mortgagee may determine and whether due or not, and to pay the remainder, if any, to GrantorMortgagor, or as otherwise required by law. Neither this assignment nor any such action shall constitute Beneficiary Mortgagee as a “mortgagee in possession” or otherwise make Beneficiary Mortgagee responsible or liable in any manner with respect to the Secured Property or the use, occupancy, enjoyment or operation of all or any portion thereof, unless and until BeneficiaryMortgagee, in person or by agent, assumes actual possession thereof. Nor shall appointment of a receiver for the Secured Property by any court at the request of Beneficiary Mortgagee or by agreement with GrantorMortgagor, or the entering into possession of the Secured Property or any part thereof by such receiver, be deemed to make Beneficiary Mortgagee a mortgagee-in-possession or otherwise responsible or liable in any manner with respect to the Secured Property or the use, occupancy, enjoyment or operation of all or any portion thereof. The assignment of all Leases and Rents in this Section 1.09 is intended to be an absolute, unconditional and present assignment from Grantor Mortgagor to Beneficiary Mortgagee and not merely the passing of a security interest. Grantor Mortgagor shall, at any time or from time to time, upon request of BeneficiaryMortgagee, execute and deliver any instrument as may be reasonably requested by Beneficiary Mortgagee to further evidence the assignment and transfer to Beneficiary Mortgagee of GrantorMortgagor’s interest in any Lease or Rents. Nothing herein shall in any way limit BeneficiaryMortgagee’s remedies or GrantorMortgagor’s Obligations under the Assignment.