RESPONSIBLE TO ASSIGNOR FOR ANY ACT OR
FAILURE TO ACT HEREUNDER, EXCEPT FOR THEIR OWN GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT..
ARTICLE XXVIIIRIGHT TO CURE DEFAULTS.
IN ADDITION TO, AND IN NO WAY LIMITING
OTHER REMEDIES AVAILABLE TO LENDER UNDER THIS ASSIGNMENT, THE NOTE, THE
MORTGAGE, OR THE OTHER SECURITY DOCUMENTS, IF ASSIGNOR SHALL DEFAULT IN THE
PERFORMANCE OR OBSERVANCE OF ANY TERM, COVENANT OR CONDITION OF THE INTEREST
RATE PROTECTION AGREEMENT ON THE PART OF ASSIGNOR TO BE PERFORMED OR OBSERVED
AFTER THE EXPIRATION OF ANY APPLICABLE NOTICE AND CURE PERIOD, THEN, WITHOUT
LIMITING THE GENERALITY OF THE OTHER PROVISIONS OF THIS ASSIGNMENT OR THE
MORTGAGE, AND
-6-
WITHOUT WAIVING OR RELEASING ASSIGNOR FROM ANY OF ITS OBLIGATIONS HEREUNDER,
LENDER SHALL HAVE THE RIGHT, BUT SHALL BE UNDER NO OBLIGATION, TO PAY ANY SUMS
AND TO PERFORM ANY ACT OR TAKE ANY ACTION AS MAY BE APPROPRIATE TO CAUSE ALL OF
THE TERMS, COVENANTS AND CONDITIONS OF THE INTEREST RATE PROTECTION AGREEMENT ON
THE PART OF ASSIGNOR TO BE PERFORMED OR OBSERVED OR TO BE PROMPTLY PERFORMED OR
OBSERVED ON BEHALF OF ASSIGNOR, TO THE END THAT THE RIGHTS OF ASSIGNOR IN, TO
AND UNDER THE INTEREST RATE PROTECTION AGREEMENT SHALL BE KEPT UNIMPAIRED AND
FREE FROM DEFAULT; PROVIDED, THAT NOTHING HEREIN SHALL LIMIT ANY RIGHTS OF
COUNTERPARTY UNDER THE INTEREST RATE PROTECTION AGREEMENT, INCLUDING, WITHOUT
LIMITATION, ANY RIGHTS TO DECLARE AN EVENT OF DEFAULT OR EARLY TERMINATION DATE
IN ACCORDANCE WITH THE TERMS OF SUCH INTEREST RATE PROTECTION AGREEMENT.
IF
LENDER SHALL MAKE ANY PAYMENT OR PERFORM ANY ACT OR TAKE ANY ACTION IN
ACCORDANCE WITH THE PRECEDING SENTENCE, LENDER WILL NOTIFY ASSIGNOR OF THE
MAKING OF ANY SUCH PAYMENT, THE PERFORMANCE OF ANY SUCH ACT, OR THE TAKING OF
ANY SUCH ACTION AND ASSIGNOR SHALL WITHIN TEN (10) DAYS AFTER REQUEST BY LENDER,
REIMBURSE LENDER FOR SAME.
ANY SUCH PAYMENT MADE OR SUMS EXPENDED BY LENDER ON
BEHALF OF ASSIGNOR SHALL BE ADDED TO THE INDEBTEDNESS (AS DEFINED IN THE LOAN
AGREEMENT).
ARTICLE XXIXREMEDIES CUMULATIVE.
NONE OF THE RIGHTS AND REMEDIES HEREIN
CONFERRED UPON OR RESERVED TO LENDER UNDER THIS ASSIGNMENT ARE INTENDED TO BE
EXCLUSIVE OF ANY OTHER RIGHTS, AND EACH AND EVERY RIGHT SHALL BE CUMULATIVE AND
CONCURRENT, AND MAY BE ENFORCED SEPARATELY, SUCCESSIVELY OR TOGETHER, AND MAY BE
EXERCISED FROM TIME TO TIME AS OFTEN AS MAY BE DEEMED NECESSARY BY LENDER.
IN
ADDITION, LENDER MAY EXERCISE ANY AND ALL RIGHTS AND REMEDIES GRANTED TO A
SECURED PARTY UPON DEFAULT UNDER THE UNIFORM COMMERCIAL CODE.
ARTICLE XXXFURTHER ASSURANCES.
ASSIGNOR SHALL, AT ITS SOLE EXPENSE, GIVE,
EXECUTE, DELIVER, FILE AND/OR RECORD ANY FINANCING STATEMENT, CONTINUATION
STATEMENT, NOTICE, INSTRUMENT, DOCUMENT, AGREEMENT OR OTHER PAPERS THAT MAY BE
NECESSARY OR DESIRABLE TO CREATE, PRESERVE, PERFECT OR VALIDATE THE SECURITY
INTEREST GRANTED PURSUANT HERETO OR TO ENABLE LENDER TO EXERCISE AND ENFORCE ITS
RIGHTS HEREUNDER WITH RESPECT TO SUCH SECURITY INTEREST, PROVIDED THAT IN NO
EVENT SHALL ASSIGNOR BE REQUIRED TO EXECUTE, DELIVER, FILE AND/OR RECORD ANY
SUCH