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�° � ASSIGNMENT OF RENTS 2 p 12 O 110 5 <br />Loan No: 1�01249434 (Continued) Pag� 3 <br />installment payments to become due during either (1) the term of any epplicable insurance policy; or (2) the <br />remaining term of the Note; or (C) be treated es e balloon peyment which will be due end payeble at the Note's <br />maturity. The Assignment also will secure peyment of these amounts. Such right shall be in addition to all other rights <br />end remedies to which Lender may be entitled upon Default. <br />DEFAULT. Each of the following, at Lender's option, shall constitute en Event of Default under this Assignmentc <br />Payment Default. Grentor fails to make any payment when due under the Indebtedness. <br />Other Defaults. Grantor fails to comply with or to perform eny other term, obligation, covenent or condition <br />contained in this Assignment or in eny of the Releted Documents or to comply with or to perform any term, <br />obligation, covenent or condition contained in eny other agreement between Lender and Grantor. <br />Dafault on Othar PaymeMS. Failure of Grantor within the time required by this Assignment to make any payment <br />for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. <br />Felse Statements. Any warranty, representation or statement mede or furnished to Lender by Grantor or on <br />Grantor's behalf under this Assignment or the Related Documents is false or misleading in eny material respect, <br />either now or et the time made or furnished or becomes false or misleading at any time thereafter. <br />Defect(ve Collaterelizadon. This Assignment or any of the Releted Documents ceases to be in full force and effect <br />(including failure of any collateral document to create a valid and perfected security interest or lien) at any time and <br />for any reason. <br />Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of e receiver for any pert of <br />Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the <br />commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. <br />Creditor or Forfeiture Proceadings. Commencement of foreclosure or forfeiture proceedings, whether by judicial <br />proceeding, self-help, repossession or eny other method, by eny creditor of Grantor or by any governmentel agency <br />egainst the Rents or any property securing the Indebtedness. This includes a garn(shment of any of Grantor's <br />accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a <br />good faith dispute by Grantor as to the validity or reasonableness of the cleim which is the basis of the creditor or <br />forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits <br />with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, <br />in its sole discretion, as being an adequate reserve or bond for the dispute. <br />Property Damage or Loss. The Property is lost, stolen, substantielly demeged, sold, or borrowed against. <br />Events Affecting Quarentor. Any of the preceding events occura with respect to any guerantor, endorser, surety, <br />or eccommodation party of any of the Indebtedness o� any guarantor, endorser, surety, or eccommodation party <br />dies or becomes incompetent, or revokes or disputea the validity of, or liability under, any Guaranty of the <br />Indebtedness. <br />Adverse Change. A material adverse change occurs in Grentor's financial condition, or Lender believes the <br />prospect of payment or performance of the Indebtedness is impaired. <br />Insecurity. Lender in good faith believes itself insecure. <br />Cure Provisions. If any default, other than e default in peyment is curable and if Grantor hes not been given a <br />notice of a breach of the same provision of thfa Assignment within the preceding twelve (12) months, it may be <br />cured if Grentor, after Lender sends written notice to Grantor demanding cure of such default: (1) cures the <br />default within fifteen (16) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps <br />which Lender deems in Lender's sole discretion to be sufficient to cure the detault and thereafter continues and <br />completes all reasonable end necessery steps sufficient to produce complience es soon as reasonebly practicel. <br />RIGHTS AND REMEDIES OM DEFAULT. Upon the occurrence of any Event of Default end at any time thereafter, Lender <br />mey exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided <br />by law: <br />Accelerate I�debtedness. Lender shall have the right at its option to declare the entire Indebtedness immediately <br />due and payable, including any prepeyment penalty that Grantor would be required to pay. <br />Collect Rents. Lender shall have the right, without notice to Grentor, to teke possession of the Property and <br />collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's <br />costs, against the Indebtedness. In furtherence of this right, Lender shall have all the rights provided for in the <br />Lender's Right to Receive and Collect Renta Section, above. If the Rents are collected by Lender, then Grantor <br />irrevocebly designates Lender as Grantor's attorney-in-fact to endorse instruments received in payment thereof in <br />the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to <br />Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or <br />not any proper grounds for the demand existed. Lender may exercise its rfghts under this subparagraph either in <br />person, by agent, or through a receiver. <br />Other Remedies. Lender shall heve ell other rights and remedies provided in this Ass(gnment or the Note or by <br />law. <br />