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<br />(v) The Grantor has not previously assigned any of its rights under any Lease. The Grantor
<br />has not accepted Rent more than thirty (30) days in advance of accrual. There is no present default under
<br />any Lease by either the Grantor or any tenant. All existing Leases are in full force and effect and
<br />unmodified. To the best of the Grantor's knowledge, no person or entity is in possession of the Premises,
<br />except pursuant to a valid and fully executed Lease that has been assigned to the Lender pursuant to this
<br />assignment. The Grantor owns the Leases, is entitled to receive the Rents and has authority to assign the
<br />Leases and the Rents to the Lender as set forth in this assignment. The Grantor will enforce the tenant's
<br />obligations under their respective Leases;
<br />(vi) The Lender shall not be obligated by this assignment to perform or discharge any
<br />obligation under any Lease; and
<br />(vii) The Grantor covenants not to execute any other assignment of the Leases or the Rents as
<br />security for any debt without the prior written consent of the Lender.
<br />10. Assignment of Interest as Tenant or Purchaser. If the Grantor's interest in the Premises is that of a
<br />tenant or a purchaser, the Grantor also grants, transfers, conveys and assigns to the Lender and/or the
<br />Trustee, as additional security for the Liabilities, all of the Grantor's right, title and interest in and to any
<br />Leases, land contracts or other agreements by which the Grantor is leasing or purchasing all or any part of
<br />the Premises, including all modifications, renewals and extensions, and all of the Grantor's right, title and
<br />interest in and to any purchase options contained in any such Leases or other agreements. The Grantor
<br />agrees to pay each installment of rent, principal and interest required to be paid by it under any such Lease,
<br />land contract or other agreement when each installment becomes due and payable, whether by acceleration
<br />or otherwise. The Grantor further agrees to pay and perform all of its other obligations under any such
<br />Lease, land contract or other agreement.
<br />If the Grantor defaults in the payment of any installment of rent, principal or interest, or in the payment or
<br />performance of any other obligation, under any such Lease, land contract or other agreement, the Lender
<br />shall have the right, but not the obligation, to pay the installment or installments and to pay or perform the
<br />other obligations on behalf of and at the expense of the Grantor. If the Lender receives a written notice of
<br />the Grantor's default under any such Lease, land contract or other agreement, the Lender may rely on that
<br />notice as cause to take any action it deems necessary or reasonable to cure the default, even if the Grantor
<br />questions or denies the existence or nature of the default.
<br />11. Security Agreement. This Deed of Trust also constitutes a security agreement within the meaning of
<br />the Uniform Commercial Code as is in effect from time to time in the state in which the Premises is located
<br />(the "UCC"). In addition, to the extent that any Equipment or other personal property, tangible or
<br />intangible, that is included within the definition of the Premises, and all proceeds, products and supporting
<br />obligations of any of the foregoing (the "Collateral") is not real property but is covered by the UCC, the
<br />Grantor grants to the Lender a security interest in any such Collateral. Accordingly, the Lender and/or the
<br />Trustee shall each have all of the rights and remedies available to a secured party under the UCC. Upon the
<br />occurrence of any default under this Deed of Trust, the Lender and the Trustee shall have, in addition to the
<br />remedies provided by this Deed of Trust, the right to use any method of disposition of collateral authorized
<br />by the UCC with respect to any portion of the Premises subject to the UCC. The Lender and/or the Trustee
<br />shall have the right to require the Grantor to assemble the Collateral and make it available to the Lender
<br />and/or the Trustee at a place designated by the Lender and/or the Trustee which is reasonably convenient to
<br />both parties, the right to take possession of the Collateral with or without demand and with or without
<br />process of law, and the right to sell and dispose of the Collateral and distribute the proceeds according to
<br />law. Should a default occur, the Grantor will pay to the Lender and/or the Trustee all costs reasonably
<br />incurred by the Lender and/or the Trustee for the purpose of enforcing its rights hereunder, to the extent not
<br />prohibited by law, including, without limitation: costs of foreclosure; costs of obtaining money damages;
<br />and a reasonable fee for the services of internal and outside attorneys employed or engaged by the Lender
<br />and/or the Trustee for any purpose related to this security agreement, including, without limitation,
<br />consultation, drafting documents, sending notices or instituting, prosecuting or defending litigation or any
<br />proceeding. The Grantor agrees that upon default the Lender and/or the Trustee may dispose of any of the
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