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; ASSIGNMENT OF RENTS � 012 0 8 4 7�
<br />Loan No: 101258041' (Continued) Page 3
<br />remaining term of the Note; or (C) be trested as a balloon payment which will be due and payable at the Note's
<br />maturity. The Assignment also will secure payment of these amounts. Such right shall be in addition to all other rights
<br />and remedies to which Lender may be entitled upon Default.
<br />DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Assignment:
<br />Paymant Default. Grantor fails to meke any payment when due under the Indebtedness.
<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 />obligation, covenant or condition conteined in any other agreement between Lender and Grentor.
<br />Default on Other Payments. Failure of Grantor within the time required by this Assignment to make any payment
<br />for texes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien.
<br />False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on
<br />Grantor's behalf under this Assignment or the Related Documents is false or misleading in any material respect,
<br />either now or at the time made or furnished or becomes false or misleading at any time thereafter.
<br />Defective Collateralization. This Assignment or any of the Related Documents ceases to be in full force end 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 G�antor, the insolvency of Grantor, the appointment of a raceiver for any part 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 lews by or against Grantor.
<br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial
<br />proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmentel egency
<br />against the Rents or any property securing the Indebtedness. This includes e garnishment of any of Grantor's
<br />accounts, including depasit accounts, with Lender. However, this Event of Default shall not apply if there is a
<br />good faith dispute by Grantor es to the validity or reasonableness of the claim which is the basis of the creditor or
<br />forfeiture proceeding end 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 damaged, sold, or borrowed egeinst.
<br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guerentor, endorser, surety,
<br />or accommodation party of any of the Indebtedness or any guarentor, endorser, surety, or accommodatfon party
<br />dies or becomes incompetent, or revokes or disputes the validity of, or liebility under, any Guaranty of the
<br />Indebtedness.
<br />Adverse Change. A material adverse change occurs in Grantor's finencial condition, or Lender believes the
<br />prospect of payment or performance of the Indebtedness is impaired.
<br />Insecurity. Lender in good faith believes itself fnsecure.
<br />Cure Provisions. If any defeult, other then a default in payment is curable and if Grantor has not been given a
<br />notice of e breach of the same provision of this Assignment within the preceding twelve (12) months, it may be
<br />cured if Grantor, after Lender sends written notice to Grantor demanding cure of such default: (1) cures the
<br />default within fifteen (15) days; or (2) if the cure requires more than fifteen (16) days, immediately initietes steps
<br />which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and
<br />completes all reasonable and necessary 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 rights and remedies, in addition to any other rights or remedies provided
<br />by law:
<br />Accelerate Indebtedness. Lender shell have the right et its option to declare the entire Indebtedness immedietely
<br />due and peyeble, including eny prepayment penalty that Grantor would be required to pay.
<br />Collect ReMs. Lender shall have the right, without notice to Grantor, to take possession of the Property end
<br />collect the Rents, including amounts pest due and unpaid, and apply the net proceeds, over and above Lender's
<br />costs, against the I�ebtedness. In furtherance of th(s right, Lender shall have all the rights provided for in the
<br />Lender's Right to Receive end Collect Rents Section, above. If the Rents are collected by Lender, then Grantor
<br />irrevocably 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 seme and collect the proceeds. Payments by tenants or other users to
<br />Lender in response to Lender's demand shall setisfy the obligations for which the payments are made, whether or
<br />not any praper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in
<br />person, by agent, or through e receiver.
<br />Other Remedies. Lender shall have all other rights and remedies provided in this Assignment or the Note or by
<br />law.
<br />Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and
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