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� � . . t�� . <br />2o��o�i�� <br />ASSIGNMENT OF RENTS <br />Loan No: 101249944 (Continued) Page 3 <br />Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition <br />contained in this Assignment or in any of the Related Documents or to comply with or to perform any term, <br />obligatlon, covenant or condition conteined in any other agreement between Lender and Grantor. <br />Default on Other Paymerns. Failure of Grantor within the time required by this Assignment to make any payment <br />for taxes or insurance, or any other peyment necessary to prevent filing of or to effect discharge of any lien. <br />False Stetements. Any wa�ranty, representation or statement made or furnished to Lender by Grentor or on <br />Grentor's behalf under this Assignment or the Related Documents ia false or misleading in any material respect, <br />either now or at the time made or furnished or becomes false or misleading at eny time thereafter. <br />Defective Collateraltzatton. This Assignment or any of the Related 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 Iien) at any time and <br />for any reason. <br />Insolvency. The dissolution or termination of the Trust, the insolvency of Grentor, the appointment of a receiver <br />for any part of 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 Grentor. <br />Credhor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judiciel <br />proceeding, self-help, repossession or eny other method, by any creditor of Grantor or by any governmentel egency <br />ageinst the Rents or any property securing the Indebtedness. Thla includes e garnishment of any of Grantor's <br />accounts, including deposit accounts, with Lender. However, this Event of Default shell not epply if there is a <br />good feith dispute by Grantor es to the validity or reasonableness of the claim which is the basis of the creditor or <br />forfeiture proceeding and if Grentor gives Lender written notice of the creditor or forfeiture proceeding and deposits <br />with Lender monies or e surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, <br />in its sole discretion, as being an adequete reserve or bond for the dispute. <br />Property Damage or Loss. The Property is lost, stolen, substentielly demaged, sold, or borrowed against. <br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, <br />or eccommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodetion perty <br />dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guarenty of the <br />indebtedness. <br />Adverse Change. A material adverse change occurs in Grantor's flnancial 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 a default in payment is curable and if Grantor has not been given a <br />notice of a breach of the same provision of this 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 />defeult within fifteen (15) 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 sufficfent to cure the default and thereafter continues and <br />completes all reasoneble end necessery steps sufficient to produce compliance as soon as reasonably practical. <br />RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, Lender <br />may exercise any one or more of the following rfghts and remed(es, in eddition to any other rights or remedies provided <br />by law: <br />Accelerate Indebtedness. Lender shall have the right at ita option to declere the entire Indebtedness immedietely <br />due end peyable, including eny prepayment penelty that Grentor would be required to pay. <br />Collect ReMs. Lender shall have the right, without notice to Grantor, to take possession of the Property and <br />collect the Rents, including amounts past due end unpaid, and appty the net proceeds, over and above Lender's <br />costs, against the Indebtedness. In furtherance of this right, Lender shell heve all the rights provided for in the <br />Lender's Right to Receive and Collect Rents Section, above. If the Rents are collected by Lender, then Grantor <br />irrevocebly designates Lender es Grantor's attorney-in-fect to endorse instruments received in peyment 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 rights under this subperagraph either in <br />person, by egent, or through e receiver. <br />Other Remedtes. Lender shall have all other rights and remedies provided in this Assignment or the Note or by <br />law. <br />Electlon of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and <br />an election to make expenditures or to take action to perform an obligation of Grantor under this Assignment, after <br />Grantor's feilure to perform, shall not effect Lender's right to declare a default and exercise its remedies. <br />Attomeys' Fees; Expenses. If Lender institutes eny suit or action to enforce eny of the terms of this Assignment, <br />Lender shell be entitled to recover such sum es the court may adjudge reasoneble as attorneys' fees at trial and <br />upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all <br />reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its <br />