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200011181
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200011181
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Last modified
10/13/2011 11:01:51 PM
Creation date
10/20/2005 10:48:36 PM
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DEEDS
Inst Number
200011181
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2000.1181 <br />shall have expired. Following the occurrence of an Event of Default, Borrower hereby releases <br />and surrenders to American Family all rights to amend, modify or to in any way alter any Lease, <br />and to take such action without the prior consent of Borrower. <br />4. Remedies. Upon or at any time during the continuance of an Event of <br />Default, or if any material representation or warranty herein proves to be untrue, and after any <br />applicable opportunity to cure under the Trust Deed shall have expired, then American Family, <br />without regard to waste, adequacy of the security or solvency of Borrower, may declare all <br />Indebtedness immediately due and payable, may revoke the privilege granted Borrower <br />hereunder to collect the Rents, and may, at American Family's option, either: <br />(a) In person or by agent, with or without taking possession of or <br />entering the Premises, with or without bringing any action or proceeding, give, or <br />require Borrower to give, notice to any Tenant under any Lease authorizing and <br />directing such Tenant to pay all Rents directly to American Family; collect all <br />of the Rents; enforce the payment thereof and exercise all of the rights of <br />Borrower under any Lease and all of the rights of American Family hereunder; <br />and may enter upon, take possession of, manage and operate the Premises, or any <br />part thereof; may cancel, enforce or modify any Lease, and fix or modify Rents, <br />and do any acts which American Family deems proper to protect the security <br />hereof; or <br />(b) Apply for appointment of a receiver in accordance with applicable <br />statutes and law, to which receivership Borrower hereby consents, who shall <br />collect the Rents; manage the Premises so as to prevent waste; execute any Lease <br />within or beyond the period of receivership; exercise the remedies and perform the <br />terms of this Assignment and apply the Rents as hereinafter provided. <br />Any Rents collected pursuant to the terms of this Section hereof shall be applied <br />in the following order: (a) to payment of all fees of any receiver appointed hereunder; (b) to <br />payment when due of prior or current Impositions or, if the Trust. Deed so requires, to the <br />periodic escrow for payment of the Impositions when due; (c) to payment when due of Insurance <br />Premiums of the type required by the Trust Deed or, if the Trust Deed so requires, to the <br />periodic escrow for the payment of Insurance Premiums when due; (d) to payment of the costs <br />and expenses of operation and management of the Premises and collection of the Rents, including <br />reasonable attorneys' fees; (e) to payment of all costs and expenses for normal maintenance of the <br />Premises, including such Tenant improvements, capital repairs, capital improvements and leasing <br />commissions as American Family may reasonably deem appropriate; and (t) to the performance <br />of the landlord's obligations under any Lease. Any Rents remaining after application of the <br />above items shall be applied to the Indebtedness on a monthly basis. <br />The entering upon and taking possession of such Premises, the appointment of a <br />receiver, or the collection of such Rents and the application thereof as herein provided shall not <br />3 <br />
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