In consideration of the sum of ONE AND NO/100 DOLLARS ($1.00) and other good and valuable consideration, the receipt
of which is hereby acknowledged, , as "Assignor", hereby assigns
to __________________________________, as "Assignee", whose address is _______________________________________________________, their heirs, successors, administrators, personal representatives, or assigns, as the case may be, all right, title and interest in and to that certain Lease dated ,
executed by ______________________________________, as "Lessor", and by ____________________________________________, as "Lessee", which Lease covers real estate in the County of_________________, State of _____________________, more fully described as follows:
Together with all rents and other sums, including any penalty, any bonus, and any amount to be paid as exercise of any option to purchase, due and/or becoming due thereunder, with full right and authority to collect such amounts and give receipt and acquittance therefore.
IT IS UNDERSTOOD AND AGREED AS FOLLOWS:
1. This Assignment is absolute and is effective immediately and
includes any extension or renewals of said Lease, except as otherwise provided for herein.
2. This Assignment is given as additional security for the
payment of a mortgage loan in the principal amount of _________________________________________________ Dollars ($_________ ) made by the Assignee, to the Assignor, represented by a promissory note and a mortgage securing the same, each of which is dated the _______________ day of __________________________, 19 ______, covering the leased real estate and improvements thereon. Acceptance of this Assignment shall not impair, affect, or modify any terms and conditions of said promissory note or the mortgage securing it.
3. The Assignee shall not be liable for failure to collect
rentals or failure to enforce performance by the lessee.
4. Assignee may, at its option, perform any Lease covenant for
and on behalf of the Assignor and may recover any money advanced for any such purpose from Assignor on demand, with interest at the rate set forth in the promissory note from date of advancement, and may reimburse itself for amounts
so advanced, with interest, from any rentals collected, and if not so repaid, then any balance shall be added to said mortgage debt and shall be secured by said mortgage. Likewise, Assignee may, at its option, exercise any option or election for and on behalf of the Assignor.
5. The Assignor represents that said lease is in full force and
effect according to its terms; it has not been amended or modified; Assignor is not in default thereof; that Assignor has not sold, assigned, pledged or encumbered the said
lease or rentals; and that Assignor has not heretofore
given his consent to alterations or improvements or his consent to an assignment of the lease by the lessee; and that rent has not been paid for a period beyond the last day of this month.
6. Assignor will not hereafter amend, nor attempt to amend,
modify, cancel or accept surrender of the said lease, nor will Assignor enter into or attempt to enter into any new lease with the lessee above named, nor will Assignor give his consent that the lessee may make alterations or improvements or that the lessee may assign, without, in
each case, first obtaining the express written consent of
the Assignee.
7. Notwithstanding that this Assignment is effective
immediately, still, until notified by the Assignee in writing that a default has occurred under the terms and conditions of this Assignment or the above described note or mortgage, the lessee shall continue to pay to the Assignor the rentals coming due under the said lease as and when they accrue according to its terms; in no event, however, shall the Assignor collect rent for more than one (1) month in advance.
8. If any default be made in the payment of said principal sum
or the interest on said note or mortgage, or of any taxes or assessments or insurance monies, or of any part thereof, at the respective times herein before provided therefor, then and in any such event, the said Assignee shall have the right forthwith to enter into and take possession of the said mortgaged premises,and demand, collect, and receive the rents and profits thereof,and apply the same after deducting all necessary charges and expenses on the account of all sums which shall then be due under the terms of the herein before described note and mortgage. Rentals and other sums paid to and received by the Assignee shall be put into a separate fund, without allowance of interest, and shall be applied by it for the following purposes, but not necessarily in the order named, priority and application of which shall rest within the sole discretion of the Assignee:
a. to the payment of the installments of principal and
interest on the mortgage loan as and when the same becomes due and payable;
b. to the payment of all taxes that become due and payable
as well as any and all assessments and/or insurance premiums;
c. to the payment to the Assignee of all other sums due it
under its note and mortgage or under this Assignment;
d. any amount not applied as above provided and remaining
in the hands of the Assignee may, at its option, on
the first day of November of each year, then be applied by the Assignee to one or more of the following:
i. deposited in an escrow fund for the payment of
taxes and/or insurance not yet due and payable,
but which will become due and payable, or
ii. paid over to the Mortgagor.
9. Whenever used, the singular number shall include the plural,
the plural the singular, and the use of any gender shall include all genders.
10. This agreement, and all transactions contemplated hereby, shall be governed by, construed and enforced in accordance with the laws of the State of _________. The parties herein waive trial by jury and agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in __________________ County, State of ____________. In the event that litigation results from or arises out of this Agreement or the performance thereof,
the parties agree to reimburse the prevailing party's
reasonable attorney's fees,court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled. In such event, no action shall be entertained by said court or any court of competent jurisdiction if filed more than one year subsequent to the date the cause(s) of action actually accrued regardless of whether damages were otherwise as of said time calculable. DATED this _______ day of ____________________, 19 _______. Signed, sealed and delivered in the presence of:
"ASSIGNEE" ______________________________ ______________________________
Witness
______________________________
Witness
"ASSIGNOR"
______________________________ ______________________________
Witness
______________________________
Witness
STATE OF ____________________
COUNTY OF ____________________
Before me personally appeared
to me well known and known to me to be the person(s) described in and who executed the foregoing
instrument, and acknowledged to and before me that he/she/they executed said instrument for the purposes therein expressed.
WITNESS my hand and official seal in the State and County aforesaid, this _________ day of ____________________, 19 _____.
______________________________ Notary Public
(SEAL) State of ___________________
My Commission Expires:
______________________________
STATE OF _____________________
COUNTY OF ____________________
Before me personally appeared to me well known and known to me to be the
person(s) described in and who executed the foregoing instrument, and acknowledged to and before me that he/she/they executed said instrument for the purposes therein expressed.
WITNESS my hand and official seal in the State and County aforesaid, this _________ day of ____________________, 19 _____.
______________________________ Notary Public
(SEAL) State of _____________________
My Commission Expires: ____________________