1
<br />90-- 10535"
<br />Botr war hereby covenants that Borrower heir not a mcuted any prior
<br />assignment of said tents, that Bar v*nr has not performed, and will not porfora,
<br />acts or has not soeeeat'ad, anct will :rot anoecuttAe, any instrument which would
<br />ties of a ncutian of i� t es
<br />this Uotnueen there has ban no antia3-1. or b d
<br />ie
<br />of any of the runts of the Property for ecoaes than two moults prier to the due
<br />deigns of such rerhb. sort own c owstirutsh theet Borrower will riot haearter collect
<br />cat accept psyehsrt of any rents of this Property seam than two month's prior to the
<br />due dftes of such soothe. Borrower flat� covenants that doarvwer will a notate
<br />and da iver to Ieeder such further aasicpt■shhts of nuts and rwvness of the
<br />Property as Larder nay fray ties to tise rtirtchost.
<br />Upon Borrower's breech of any covenant or 1 ;r - ;ant of BmTvAnr in this
<br />Inslrumiint, larder nay, in pw on, by agent or by a court appointed receiver,
<br />regardless of the adsguacy of Iandar's security, onter upon and tales possession
<br />and maintain full control of the Prqporty in or4bw to psarfars all acts, necessary
<br />and appsapciat 1 for the operation acrd sisintimmum thereof and the caondiwting
<br />then m of any business or businesses than being owiJuctod by Bm aver including,
<br />but rot Baited to, the execution, cancellation or modification of leases, the
<br />colleMion of all rents and revenues of the Property, the waking of repairs to
<br />the Property and tar execution or termination of cm*xucts prwidinq for the
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<br />and as WWI Osman that raft t?wnat'tsr due shall continue to be payable
<br />without set-off or deduction.
<br />Upon tendon's z"mat, Baaczohw Wall further amirgn to Im dear, by writt n
<br />erea mde of
<br />ltat rh>wmeht to tender, all losses nw existing w h fter
<br />all at any part: of the Fzcpa rW and all seohrity deposits sods by tenants in
<br />oan,.a *J, - with such bosses of the Pzgpwty. � ass by BmTmw to
<br />.
<br />Iarndw of any Issues of the Properly, Imtirr shall haw all of the rights and
<br />,pawrea s poas..sd by Mn wrr prior to such assignment ail Iander shall ham tin
<br />to modify, "*and or terminate such ardatirg losses and to oo®cute now
<br />looses, in tender's sal. dismvtioh.
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<br />17. [ aarm]
<br />18. 11A' Q 1t I+AODI iD®iL' Il�®i Ii1 iii. As
<br />part of the ooneidrtatim for the loan eviduvaed by the plate, Borrower hereby
<br />absolutely and u- , litiamlly assigns and transfers to lancler all the ranks and
<br />revenues of the Property, including those now dine, past due, or to booms dun by
<br />virtue of any lssse or oUwr agr+eensant for the oco Wwvy or use of alt or any
<br />part of the Pzmparty, regardless of to whole the rents and rausreros of the
<br />Mporty are payable. Borrower hereby authorizes larder or tandar•s a9mhts to
<br />collect the eforwaid runts and r mnsres and hereby directs each tenant of the
<br />5
<br />Pxqpurty to pay much rents to Under or
<br />rBOrrower
<br />prior to writtn notice given tender of the breach by Borrmor of
<br />any covonaent or agr+ehe■ent of Borrower in this Instrument, Borrower shall collect
<br />and reueise all raft and rssmsasue of t a P.- .Vuty' as trust= for this befit of
<br />tender and Borrower, to apply the rents and rw4ens s so collected to the suer
<br />'
<br />secured by this Instrument in the amlor provided in paragraph 3 harsof, with the
<br />balance, so lag as no such breach has occurred, to the aomvnt of Borrhawir, it
<br />being intended by Bar mw wd Lander that this assignment of rents caonstitutes
<br />an absolute assignmenht and not an assign ownt for additional security only. Upon
<br />delivery of written r otics by Lander to Bewares of the !reach by Borrower of sry
<br />covenant or sgh+ar.ant of Borrower in this Instrument, and without the necessity
<br />of tarder entering upon and taking and saiehtairhing MI control of the Property
<br />in pumm, by aganrt or by a court p oirnt r+soeI , Lander shall immediately be
<br />antitled to possession of all rents and r+wenues of tin Ptaperty as specified in
<br />this porgtaph as the sass bear dus and payable, including but not limited to
<br />'..
<br />rents than due and unpaid, and all such rants shall immediately upon deliver of
<br />such notics be held by Borrower as trustes for the boodit of Larder only;
<br />pmdA%d, Wnvw, that the written notice by Larder to Barrawsr of the brsesclt by
<br />ii
<br />Boma shall contain a stetamirt that Unlor sumixes Its rigt to to such
<br />roman. Bocrrvwsr agrees that comming upon delivery of such written notice of
<br />Borrower's lrreec" by Lander to Borrower, earth tenant of tlMm Property shell mda
<br />such rostra payable to and pay such terms to miss cr bender's agents on tender ":s
<br />_
<br />written demand to each towint theaeefore, delivered to such tcwent personally, by
<br />seil or by dalivwriry such demand to sash rental unit, without any liability an
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<br />�
<br />the port of add tanant to inq dzv further as to the existence of a &fault by
<br />eces+owsr.
<br />Botr war hereby covenants that Borrower heir not a mcuted any prior
<br />assignment of said tents, that Bar v*nr has not performed, and will not porfora,
<br />acts or has not soeeeat'ad, anct will :rot anoecuttAe, any instrument which would
<br />ties of a ncutian of i� t es
<br />this Uotnueen there has ban no antia3-1. or b d
<br />ie
<br />of any of the runts of the Property for ecoaes than two moults prier to the due
<br />deigns of such rerhb. sort own c owstirutsh theet Borrower will riot haearter collect
<br />cat accept psyehsrt of any rents of this Property seam than two month's prior to the
<br />due dftes of such soothe. Borrower flat� covenants that doarvwer will a notate
<br />and da iver to Ieeder such further aasicpt■shhts of nuts and rwvness of the
<br />Property as Larder nay fray ties to tise rtirtchost.
<br />Upon Borrower's breech of any covenant or 1 ;r - ;ant of BmTvAnr in this
<br />Inslrumiint, larder nay, in pw on, by agent or by a court appointed receiver,
<br />regardless of the adsguacy of Iandar's security, onter upon and tales possession
<br />and maintain full control of the Prqporty in or4bw to psarfars all acts, necessary
<br />and appsapciat 1 for the operation acrd sisintimmum thereof and the caondiwting
<br />then m of any business or businesses than being owiJuctod by Bm aver including,
<br />but rot Baited to, the execution, cancellation or modification of leases, the
<br />colleMion of all rents and revenues of the Property, the waking of repairs to
<br />the Property and tar execution or termination of cm*xucts prwidinq for the
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<br />r.
<br />I
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