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2� 17� 1595 <br /> ASSIGNMENT �F RENT� <br /> Lvan No: �0�3�3��5 ��or7t111ued} Page 3 <br /> this Assi�nment and not reim�ursed from the Rents shall become a part ❑f the �ndebtedness ss�ured by this <br /> Assignm�nt, and shafl be payabl� on demand, with interest at the Note rate from date of expenditure until paid. <br /> FULL PERFDRMAN�E. If Grant�r pays ali af the Indebtedness when due and atherw�se perfvrms all the ❑bligations <br /> imposed upon Grantar under this Assignment, the N�te, and the Related ❑ocuments, Lender shall execute and deli�er tv <br /> Grantor � suitabie satisfact�on of this Assignment and suitabl� statements of termination of any financing statement nn <br /> file e�idencing Lender's security interest in the Rents and the Praperty. Any termination fee required hy law shall be <br /> paid by Grantar, if permitted by applicable law. <br /> LENDER'S EXPENDITURES. 1f any action ar proceeding is commenced that wouid materially affect Lender's interest in <br /> �he Property or if Grantor fa�ls to camply wi�kh any pro�isian vf this Assignment or any Re�ated D�cuments, including but <br /> not limited to Grantor's failure t❑ discharge or pay when due any amounts Grantor is required to discha�ge or pay under <br /> this Assignment flr any Related ❑ocuments, Lender on Grantor's behalt may �but shall not be o�ligat�d to} take any <br /> action that Lender deems apprapriate, including but not limited to discharging or paying all taxes, liens, security <br /> in�erests, encumbrances and ❑ther ciaims, at any�ime le�ied or placed on the Ren�s or the Property and paying ali costs <br /> for insuring, maintaining and preser�ing the Property, AI� such expenditures in�urr�d ar paid by Lender for such <br /> purpases wif� th�n bear interest at the rate charged under the Note from the da�e incurred or paid by Lender t❑ the date <br /> of repayment t�y Grantor. All such expenses will be�ame a part �f the Indebtedness and, a# Lender's optivn, will �A� <br /> be payable on demand; �B� be added �❑ the balance of th� Note and �e apportioned among and be payable with any <br /> instailment payments to #�ecome due during either �1� the term of any app�icable insurance policy; ar �2y the <br /> r�maining term of the Nate; or �Cy be treated as a ballvon payment which will �e due and payable at the Note's <br /> maturity. The Assignment also will secure payment af these amounts. 5uch right shai! be in additian to all othe� rights <br /> and remedies to whi�h Lender may be entitled upon �efault. <br /> DEFAULT. Each of the foflo►rving, at Lender's aption, shall �anstitute an E�ent af Defauit under this Assignment: <br /> Payment Default. gorrower fails to make any paymen� when due under the Indeb�edness. <br /> ather Defaults. Borrower or Grantnr fails to comply wtth ar to per#arm any ❑ther term, obligatian, co�enant ❑r <br /> �ondition contained in th�s Assignment ar in any ❑f the Related ❑o�uments or ta compiy w�th or to perf�rm any <br /> terrrt, ❑bligation, co�enant ar canditian contained in any o�h�r agreement between Lender and Borrawer or�rantvr. <br /> Default on �ther Payments. Failure ❑f Grantor within the tim� re�uired by this Assignment to make any payment <br /> for taxes or insurance, or any❑th�r payment necessary to prevent filing ❑f or tv effect discharge of any lien, <br /> False 5ta#ements. Any warranty, representation or statement made or fiurnished to Lender by Barrower or Grantor <br /> or ❑n Barrnwer's or Grantor's behaif under�his Assignm�nt or the Re�ated Da�uments is false �r misleading in any <br /> material respect, e�ther now ❑r at the time made or furnished or becomes false ❑r misleading at any time <br /> thereafter. <br /> Defecti�e Col�ateralization. This Assignment ❑r any of the Related �ocuments ceas�s ta he in ful! force and effect <br /> finc��ding failure �f any collateral da�ument to create a �alid and perfected securi�y interest or lien7 at any time and <br /> for any reason. <br /> Death �r Insvi�en�y. Th� dissolution ❑f Grantor`s �regardless ❑f whether election t� cvntinue is made�, any <br /> member withdraws from the limited liability �vmpany, or any ather terminatian ❑f Borrawer's or �rantvr's <br /> existen�e as a gaing business or the death o� any member, the insol�ency of Borrower or Grantvr, the appointment <br /> �f a r�cei�er far any part❑f garrower's �r Grantar's property, any assignment #ar the benefit ❑f credita�s, any type <br /> of creditor workout, �r the �ommencement ❑f any proceeding unde� any bankruptcy or insai�ency laws by or <br /> against Borrower ar�rantar. <br /> Creditar or Fvrfei#ure Proceedings. Commencement of fvrecl�sure or forfeiture pra�eedings, whether by judicial <br /> prviceeding, self-help, repossession ar any other method, by any �reditor of Barrvwer or Grantor or by any <br /> ga�ernmenta� agency against the Rents ar any property securing the Indebtedness. This �ncludes a garnishment af <br /> any af Borrawer's or Grantor'S 3CCflUntS, including depasit accounts, with Lender. Howe�ef, this E�ent of Default <br /> shall not apply if there is a go�d faith dispute by Borr�wer or Grantor as ta the �alidity or reasanableness of the <br /> claim which is the basis of the creditor �r forfeiture proceed�ng and if Bvrrower or Grantvr gi�es Lender wri�ten <br /> natice vf the creditar or fvrfeiture praceeding and deposits with Lender monies vr a surety bond fvr the creditor ar <br /> �arfeiture proceeding, �n an amount determined by Lender, in its sole dis�retion, as being an adequate reser�e or <br /> band far the dispute. <br /> Rraperty Damage or Loss. The Pr�perty is lost, stolen, substantialiy damaged, svld, or borr�wed against. <br /> E�ents Affe�ting Guarantor. Any ❑f the preceding e�ents occurs with respect to any guarantor, endorse�, surety, <br /> vr accommodation party ❑f any of the Indebtedness ❑r any guarantor, endorser, surety, or accomm�dation party <br /> dies or becomes in�ompetent, ar re�akes ar disputes the �alidity of, or liability under, any Guaranty of the <br /> Indehtedness. <br /> Ad�erse Change. A mater�al ad�erse change ❑ccurs in Grant�r's financial conditian, ❑r Lender �elie�es the <br /> praspect of payment or per�ormance of the Indebtedness is impair�d. <br /> Insecurity. Lender in good faith helie�es itse�f insecure. <br /> Cure Rro�isi�ns. �f any default, other than a default in payment, is curable and if Grantor has nat been g��en a <br />