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<br /> I�acuments as sam� may be mod�f�ed, renewed, substituted �r extended are hereby made a part
<br /> of this Assi�nrnent to the same extent and with the sam�force as if fully set forth here�n.
<br /> ARTI�LE 3-REMEDIES
<br /> Section 3.1 Rernedies of Lender. Upon or at any time after the Qccurren�e
<br /> and during the continuance of an Event of D�fault,the license granted to Borr�v�er in Sect�an 2.1
<br /> of this Assxgriment shall autamatically be r�voked, and Lender sha11 immediately be �ntitled to
<br /> passession of all Ren�s and sums due under any Lease �uaranties, whether or not Lender enters
<br /> upon or takes control of the Praperty. In addition, Lender may, at its option, Wlt�1011t Wa.1V1I1�
<br /> such Event af I�efault, wxthout regard t� the adequacy of the secur�ty for the I]ebt, either in
<br /> person or by agent, nominee �r attorney, with or without hringing an� action or proceedin�, �r
<br /> b� a receiver appointed by a court, dispossess Borrower and its agents and ser�ants from the
<br /> Property, without liab�lity f�r trespass, darna�es ar otherwise �other than ariszng as a d�rect resu�t
<br /> of Lender's gross neg�ig�nce or wi�lful misconduct} and exclud� Borrov��r and its agents ar
<br /> servants who�1� therefrom, and tal�e possession �f th� Pr�perty and a11 books, r��ards and
<br /> accaunts re�ating thereta and have, h�1d, manage, lease and operate the Praperty on �uch terms
<br /> and for such period af time as Lender may deem praper and either with ar v{►��thout ta.�ing
<br /> p�ssessian af the Proper-t,� in its ��vn name, demand, sue f�r or otherwise calle�t and receive all
<br /> Rents and sums c�ue und�r a11 Lease G-uaranties, including those past due and unpa�d wxth fu��
<br /> power to make fr�m time ta time a1I alterations, renovations, re�airs or replacements thereto or
<br /> th�reof as Lender may deern praper and ma� apply the Rents and sums received pursuant to any
<br /> Lease Guaranties to the pa�ment of the follo�ring in such order and propar�ian as Lender in its
<br /> sa�e d�scretion rnay determine, any �avv, cust�m or use ta the �ontxary natwi�hstanding: �a} a�l
<br /> expenses of managing and securing the Property, including, without being limited thereto, the
<br /> salaries, fees and wages of a managing agent and such oth�r employees or agents as L�nder may
<br /> deem ne�essary ar desirable and all e�penses �f operating and maintaining the Pr�per�y,
<br /> �ncludin�, vvithout being �imited thereto, all taxes, char�es, claims, assessments, Water charges,
<br /> �e�ver rents and any other liens, and premiums for all insurance �vhich Lender may deem
<br /> n�c�ssary or desirab�e, and the cost of al� alterations, renovations, repairs or replac�ments, and
<br /> a11 expenses incident to taking and retaining possessiQn of the Property; and �b� the Debt,
<br /> tagether with all costs and reasanable attarne�s' fees. In additi�n, upon the �ccurrence and
<br /> during the cantinuance of an Event af Default, Lender, at its aption, may �i� complete an�
<br /> canstruction or� the Pr�perty in such ma.nner and form as Lender deems advisable, ���� exerc�se
<br /> all rights and p�wers of Barrower, including, v�ithout limitation, the right to n�gotiate, execute,
<br /> can�e�, enforce or madify any Leases, obtain and ev�ct tenants, and demand, sue far, ca�lect and
<br /> recei�e a�l Rents from the Pr�perty and aII sums due under any Lease �uaranties, �iii} require
<br /> Borrawer to pay monthly in a.dvance to Lender, or an� receiver appointed to collect th� R�nts,
<br /> the fair and reasonable rental�alue for the use and occupancy of such part of the Property as may
<br /> be in possession of Borra�ver or �iv� require Borro��r to vacate and surrend�r passessian af th�
<br /> Property t� Lender or to such r�ceiver and, in default ther�af, Barrow�r may be evicted l�y
<br /> sumrnary proceedings or other�rise.
<br /> Section 3.2 �ther Remedies. N�thing contained in this Assignment and no
<br /> act dane�r omit�ed by Lender pursuant ta the power and rights granted to Lender hereunder shall
<br /> be deemed ta l�e a v�aiver l�y Lender of its rights and rerned�ies under the Loan Agr�ement, the
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<br /> 795$2.00OOG6 EMF US 56�8875��1
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