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This excerpt taken from the CLI 8-K filed Jan 22, 2010. Rents”) and all proceeds from
the cancellation, termination, surrender, sale or other disposition of the
Leases, and the right to receive and apply the Rents to the payment of the
Obligations; and
(xi) All
of Borrower’s rights and privileges heretofore or hereafter otherwise arising in
connection with or pertaining to the Property, including, without limiting the
generality of the foregoing, all water and/or sewer capacity, all water, sewer
and/or other utility deposits or prepaid fees, and/or all water and/or sewer
and/or other utility tap rights or other utility rights, any right or privilege
of Borrower under any loan commitment, lease, contract, declaration of
covenants, restrictions and easements or like instrument, developer’s agreement,
or other agreement with any third party pertaining to the ownership,
development, construction, operation, maintenance, marketing, sale or use of the
Property.
B. Absolutely
and unconditionally assigns, sets over, and transfers to Lender all of
Borrower’s right, title, interest and estates in and to the Leases and the
Rents, subject to the terms and license granted to Borrower under that certain
Amended and Restated Assignment of Leases and Rents made by Borrower to Lender
dated the same date as this Instrument (the “ |
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