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HomeMy WebLinkAbout430 71 amendments, extensions, replacements, and substitutions thereof being herein collectively called the "lean DOCUMen "), and (c) 4D3lltllt>rEIl2CJ=. Payment of costs and expenses of the operation and mainteaahce of the Property, including (1) rentals and other charges payable by Borrower under any ground lease or other agreement affecting the Pro"; (2) electricity, telephone, water and other utility costs, taxes, assessments, water charges and sewer rents and other utility and governmental charges levied, assessed or imposed against the Property; (3) insurance premiums; (4) costs and expenses with respect to any litigation affecting the Property, the Leases or the Rents; (S) wages and salaries of employees, commissions of agents and attorneys' fees and es ;xnses; and (6) all other carrying costs, fees, charges, reserves, and expenses whatsoever relating to the Pr.rperty. (d) So long as Borrower is not iu default, all proceeds payable under any t9 letter of credit securing the obligations of tenants shall be paid to V) Borrower and applied as herein provided with respect to Rents. Go GC After the payment of all such costs and npenses and after Lender has established such reserves as it, in its sole discretion, decors neces for the �y Proper management of the M Property, Lender shall apply all remaining Rents received by it to the reduction of the W Loan. 5. LN ivgl. The exercise or nonexercise by Lender of the rights granted in this Agreement or the collection and application of Rents by Lender or its agent shall not be a waiver of any default by Borrower under this Agreement or any other loan Document. No actior, or faihue to act by Lender with respect to any obligations of Borrower under the Loan Documents, or any security or guaranty given for the payment or performance thereof, shall in any manner affect, impair or prejudice any of Lender's rights and privileges under this Agreement, or discharge, release or modify any of Borrowefs duties or obbizab ^s hereunder. 6. Revocabie .i snag, Notwithstanding that this Agreement is an absolute assignment of the Rents and Leases and not merely the collateral assignment of, or the grant of a Gen h< securi rcs o ry interest in the Feats and Leases, Leader graants to Borrower a revocable u. :tse to collect and receive the Rents and to retain, use and enjoy such Rents. Such license may be revoked by Lender only upon the occurrence of any Event of Default (as defined in the Loan Agreement). Borrower shall apply any Rents which it recei� es to the payment of debt service on the Senior Note and other payments due under the Loan Agreement, taxes, essessments, water charges, sewer rents and other governmental charges levied, assessed or imposed against the Properr,