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<br /> I]acuments as sarne may be modifi�da renev�red, substituted ar extended are hereby rnade a part
<br /> of this Assignment to the same extent and with the same force as �f fully set forth herein.
<br /> ARTICLE 3-REMEDIES
<br /> Secti�n 3.1 Rcmedies of Lender. Upon ar at any time after the o�currenc�
<br /> and during the continuan�e of an Event of Default,the license granted ta Borrovver in Section 2.1
<br /> of this Assxgr�ment sha11 automatically be revoked, and Lender shal.l imrnediately b� entit�ed ta
<br /> possessian of all I�ents and sums due under any Leas� �uaranties, vvhether �r n�t Lender enters
<br /> upQn or takes control of the Property. In additian, L�nder rnay, at its apti�n, v�rithout waiving
<br /> such Event of Default, with�ut regard to the adequacy of the security f�r the D�bt, either in
<br /> pers�n ❑r by agent, n�rninee or attorney, �vith or wrthaut brxn�ing any acti�n �r pra�eed�ng, ar
<br /> by a receiver appointed b� a court, dispossess Borrower and its a�ents and servants fram the
<br /> Prapert�, withaut liabi�ity for trespass, damages ar ather�vise �ather than aris�ng as a direct resu�t
<br /> of Lender's grass negl�gence ar willful misconduct� and exclude B�rrower and its agents or
<br /> servants �vholly therefrom, and take poss�ssion of the Property and all bool�s, recards and
<br /> accounts relat�ng thereto and ha�re, hold, manage, lease and operate the Property an su�h terms
<br /> and for such per�ad af time as Lender may deem proper and erther w�th ar without taking
<br /> passession af the Pr�perty in its nwn name, demand, sue for or ath�rwise collect and receive a�l
<br /> Rents and sums due u�der all Lease C�uaranties, including thase past �lue and unpaid �rith fu�l
<br /> pov�er t� make from time to time all alteratians, r�no�rat�ons, repairs or replacements thereto or
<br /> thereof as L�nder may deem proper and may apply the Rents and sums received pursuant to any
<br /> Lease Guaranties ta the pa�ment o�the f�llovving in such order and proport�on as L�nder in its
<br /> sole discretion may determine, any la�r, custom or use to the contrary notwithstanding: �a� all
<br /> e�penses af managin� and securing the Property, in�luding, vvithout being limited thereta, the �
<br /> salaries, fees and vvages of a managing agent and such Qther emplay�es ar agents as Lender may
<br /> deem necessary or desirable and a11 expenses af operating and maintaining the Property,
<br /> in�luding, with�ut being limited ther�to, alI taxes, chaxges, clairns, ass�ssments, v�ater charges,
<br /> sevver rents and any other liens, and premiums for a�l insuranc� v�hich Lender may d�em
<br /> necessary or desirable, and the cost of a11 alterations, renovations, repairs or replacements, and
<br /> all e�penses incident to taking and retain�ng possess�on of the Pr�perty; and �b} the D�bt,
<br /> together with a�� c�sts and reasonable attarneys' fees. In addition, upon the accurrence and
<br /> during the c�ntinuance of an Event of Default, Lender, at its opt�an, may �i� complete any
<br /> constru�tion on th� Property in such manner and farm as Lender deerns adv�sahle, �ii� exercise
<br /> alI rights and p�wer� �f B�rra�rer, includir�g, vvithout limitation, the r�ight ta negotiate, execute,
<br /> cancel, �nforce or m�dify an�Leases, obta�n and ev�ct tenants, and demand, sue for, collect and
<br /> re�eive a11 Rents from the Prop�rty and a11 sums du� under any Lease Guaranties, �ii�� require
<br /> Barrawer to pay manthly in advance to Lend�r, or any receiver appa�nt�d to collect th� Rents,
<br /> the fair and reasonable�ental value f�r the use and occupancy af such part of the Property as may
<br /> be in p�ss�ssion of Barrawer �r �iv� require �orrower ta vacate and surrender possession of the
<br /> Pr�perty to L�nder or t� such receiver and, in default thereof, Barrower may be evicted b�
<br /> surnmary proceedings or otherv�ise.
<br /> Secti�n 3.� �thcr l�emedies. Noth�ng c�ntaine�l in th�s Ass�gnment and no
<br /> a�t done or omitte�l by Lender pursuant to the povver and rights granted t�Lender hereunder shall
<br /> be deemed to be a vvaiver by Lender af its ri�hts and remedies under the Loan Agreement, the
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<br /> 795 82.U00066 EMF US S 6288750v 1
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