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<br />*HLP1922*
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<br />202100089
<br />ASSIGNMENT OF RENTS
<br />(Continued) Page 4
<br />Caption Headings. Caption headings in this Assignment are for convenience purposes only and are not to be used to interpret or
<br />define the provisions of this Assignment.
<br />Governing Law. This Assignment will be governed by federal law applicable to Lender and, to the extent not preempted by
<br />federal law, the laws of the State of Colorado without regard to its conflicts of law provisions. This Assignment has been
<br />accepted by Lender in the State of Colorado.
<br />Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Mesa
<br />County, State of Colorado.
<br />Joint and Several Liability. All obligations of Borrower and Grantor under this Assignment shall be joint and several, and all
<br />references to Grantor shall mean each and every Grantor, and all references to Borrower shall mean each and every Borrower.
<br />This means that each Grantor signing below is responsible for all obligations in this Assignment. Where any one or more of the
<br />parties is a corporation, partnership, limited liability company or similar entity, it is not necessary for Lender to inquire into the
<br />powers of any of the officers, directors, partners, members, or other agents acting or purporting to act on the entity's behalf, and
<br />any obligations made or created in reliance upon the professed exercise of such powers shall be guaranteed under this
<br />Assignment.
<br />Merger. There shall be no merger of the interest or estate created by this Assignment with any other interest or estate in the
<br />Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
<br />Interpretation. (1) In all cases where there is more than one Borrower or Grantor, then all words used in this Assignment in the
<br />singular shall be deemed to have been used in the plural where the context and construction so require. (2) If more than one
<br />person signs this Assignment as "Grantor," the obligations of each Grantor are joint and several. This means that if Lender
<br />brings a lawsuit, Lender may sue any one or more of the Grantors. If Borrower and Grantor are not the same person, Lender
<br />need not sue Borrower first, and that Borrower need not be joined in any lawsuit. (3) The names given to paragraphs or
<br />sections in this Assignment are for convenience purposes only. They are not to be used to interpret or define the provisions of
<br />this Assignment.
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Assignment unless such waiver is given
<br />in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of
<br />such right or any other right. A waiver by Lender of a provision of this Assignment shall not prejudice or constitute a waiver of
<br />Lender's right otherwise to demand strict compliance with that provision or any other provision of this Assignment. No prior
<br />waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of
<br />any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Assignment,
<br />the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where
<br />such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
<br />Notices. Any notice required to be given under this Assignment shall be given in writing, and shall be effective when actually
<br />delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally
<br />recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail
<br />postage prepaid, directed to the addresses shown near the beginning of this Assignment. Any party may change its address for
<br />notices under this Assignment by giving formal written notice to the other parties, specifying that the purpose of the notice is to
<br />change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current
<br />address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender to any
<br />Grantor is deemed to be notice given to all Grantors.
<br />Powers of Attorney. The various agencies and powers of attorney conveyed on Lender under this Assignment are granted for
<br />purposes of security and may not be revoked by Grantor until such time as the same are renounced by Lender.
<br />Severability. If a court of competent jurisdiction finds any provision of this Assignment to be illegal, invalid, or unenforceable as
<br />to any person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other
<br />person or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and
<br />enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Assignment. Unless
<br />otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Assignment shall not affect the
<br />legality, validity or enforceability of any other provision of this Assignment.
<br />Successors and Assigns. Subject to any limitations stated in this Assignment on transfer of Grantor's interest, this Assignment
<br />shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes
<br />vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to
<br />this Assignment and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this
<br />Assignment or liability under the Indebtedness.
<br />Time is of the Essence. Time is of the essence in the performance of this Assignment.
<br />Waive Jury. All parties to this Assignment hereby waive the right to any Jury trial in any action, proceeding, or counterclaim
<br />brought by any party against any other party.
<br />Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of
<br />the State of Colorado as to all Indebtedness secured by this Assignment.
<br />Waiver of Right of Redemption. NOTWITHSTANDING ANY OF THE PROVISIONS TO THE CONTRARY CONTAINED IN THIS
<br />ASSIGNMENT, GRANTOR HEREBY WAIVES ANY AND ALL RIGHTS OF REDEMPTION FROM SALE UNDER ANY ORDER OR
<br />JUDGMENT OF FORECLOSURE ON GRANTOR'S BEHALF AND ON BEHALF OF EACH AND EVERY PERSON, EXCEPT JUDGMENT
<br />CREDITORS OF GRANTOR, ACQUIRING ANY INTEREST IN OR TITLE TO THE PROPERTY SUBSEQUENT TO THE DATE OF THIS
<br />ASSIGNMENT.
<br />DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Assignment. Unless
<br />specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of
<br />America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may
<br />require. Words and terms not otherwise defined in this Assignment shall have the meanings attributed to such terms in the Uniform
<br />Commercial Code:
<br />Assignment. The word "Assignment" means this ASSIGNMENT OF RENTS, as this ASSIGNMENT OF RENTS may be amended
<br />or modified from time to time, together with all exhibits and schedules attached to this ASSIGNMENT OF RENTS from time to
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