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<br /> Borrower hereby covenants that Borrower has not executed any prior assignxnent of said rents or
<br /> revenues, that Borrower has not performed, and will not perform, any acts or has not executed, and will not
<br /> execute, any instrument which would prevent Lender from exercising its rights under this paragraph, and that
<br /> at the time of execution of this Instrument there Y�as been no anticipation or prepayment of any of the rents or
<br /> revenues of the Real Property for more than one (1) month prior to the due dates of the same. Borrower
<br /> covenants that Borrower will not hereafter collect or accept payment of any rents or revenues of the Real
<br /> Property more than one(1)month prior to the duP date of the same. Borrower fiuther covenants that Borrower
<br /> will execute and deliver to Lender such further assignmenLs of rents and revenues of the Real Property as
<br /> Lender may from time to time request.
<br /> Upon (a) Borrower's breach of any covenant ar agreement of Borrower in this Instrument or (b) the
<br /> occurrence of an Event of Default(as such term is defined in the Loan Documents),Lender may,in person,by
<br /> agent or by a court appointed receiver, regardle�s of the adequacy of Lender's security, enter upon and take
<br /> possession and maintain full control of the Rcal Property in arder to perform all acts necessary and appropriate
<br /> for the operation and maintenance thereof and the conducting thereon of any business or businesses then being
<br /> conducted by Borrower including, but not limite�d to,the execution or modification of leases,the collection of
<br /> all rents and revenues of the Real Properiy, the making of repairs to the Real Properiy and the execution or
<br /> termination of contracts providing for the management or maintenance of the Real Property or the conducting
<br /> of such businesses thereon, all on such terms as are deemed best to protect the security of this Instrument. In
<br /> the event Lender elects to seek the appointment of a receiver for the Real Property upon(a)Borrower's breach
<br /> of any covenant or agreement of Borrower in thns Instrument or(b) the occurrence of an Event of Default(as
<br /> such term is defined in the Loan Documents), s.uch receiver shall be appointed as provided in Paragraph 20
<br /> below. Lender or the receiver shall be entitled to receive a reasonable fee for so managing the Real Property.
<br /> All rents and revenues collected subsequ.ent to delivery of written notice by Lender to Borrower of(a)
<br /> the breach by Borrower of any covenant or agreement of Borrower in this Instrument or(b)the occurrence of
<br /> an Event of Default(as such term is defined in tlue Loan Documents)shall be applied first to the cost,if any, of
<br /> takuig control of and managing the Rea1 Properly and collecting the rents and revenues, including, but not
<br /> lixnited to,attorneys' fees,receiver's fees,premi�ums on receiver's bonds,costs of repairs to the Real Property,
<br /> premiums on insurance policies, taxes, assessments and other charges on the Real Properiy, and the costs of
<br /> discharging any obligation ar liabiliry of Borrower as lessor or landlord of the Real Property, and then to the
<br /> sums secured by this Instrument. Lender or the neceiver shall have access to the books and records used in the
<br /> operation and maintenance of the Real Property and shall be liable to account only for those rents and revenues
<br /> actually received.
<br /> If the rents and revenues of the Real Properly are not sufficient to meet the costs, if any, of taking
<br /> control of and managing the Rea1 Property and collecting the same, any funds expcnded by Lender for such
<br /> purposes shall become indebtedness of Borrower to Lender secured by this Instrument pursuant to the terms
<br /> hereof. Unless Lender and Borrower agree in writing to other terms of payment, such amounts shall be
<br /> immediately due and payable by Borrower and shall bear interest from the date of disbursement at the default
<br /> rate stated under the terms of the Loan Agreement.
<br /> Any entering upon and taking and maintaining of control of the Rea1 Properiy by Lender or the
<br /> receiver and any application of rents and revenues as provided herein shall not cure or waive any default
<br /> hereunder or Event of Default under the Loan Documents or invalidate any other right or remedy of Lender
<br /> under applicable law or provided herein or in the Loan Agreement or any of the other Loan Documents. This
<br /> assignment of rents and revenues of the Real Pr�perty shall terminate at such time as this Instrument ceases to
<br /> secure indebtedness held by Lender.
<br /> 18. ASSIGNMENT OF LEASE.
<br /> (a) The assignment of Lease conaained herein shall be present, absolute and irrevocable by
<br /> Borrower to Lender and Lender shall have the absolute, immediate and continuing right to possession of the
<br /> Real Property and the leasehold interest therein.
<br /> (b) If any Event of Default e�sts, Lender ar duly appointed Receiver shall have the right to do
<br /> any of the following: (i) exercise a11 rights and remedies granted within this Instrument or the Loan
<br /> Documents; (ii) as attorney infact or agent of Borrower, or in its own name as the Person exercising the rights
<br /> under this Section and under the powers herein granted,hold, operate, manage and control the Real Property,
<br /> either personally or by its agents, contractors or nominees, with full power to use such measures, legal or
<br /> equitable, as in its discretion may be deemed proper and necessary to enforce the payment of any Rents ar the
<br /> Lease(including actions for the recovery of Re�t, actions in forcible detainer and actions in distress of Rent);
<br /> (ui) cancel or terminate any sublease for any cause or on any ground which would entitle Borrower to cancel
<br /> the same; (iv) elect to disaffirm any sublease made subsequent hereto or subordinated to the lien hereof; and
<br /> (v) perform such other acts in connection with the management and operation of the Real Property as the
<br /> Person exercising the rights under this Section in its discretion may deem proper, Borrower hereby granting
<br /> full power and authority to exercise each and every one of the rights,privileges and powers contained herein at
<br /> any and all times while an Event of Default exists without notice to Borrower.
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