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Loan No: 101353468 <br />ASSIGNMENT OF RENTS <br />(Continued) Page 3 <br />202402428 <br />this Assignment or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any <br />action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security <br />interests, encumbrances and other claims, at any time levied or placed on the Rents or the Property and paying all costs <br />for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such <br />purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date <br />of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) <br />be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any <br />installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the <br />remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's <br />maturity. The Assignment also will secure payment of these amounts. Such right shall be in addition to all other rights <br />and remedies to which Lender may be entitled upon the occurrence of any Event of Default. <br />DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Assignment: <br />Payment Default. Grantor fails to make any payment when due under the Indebtedness. <br />Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition <br />contained in this Assignment or in any of the Related Documents or to comply with or to perform any term, <br />obligation, covenant or condition contained in any other agreement between Lender and Grantor. <br />Default on Other Payments. Failure of Grantor within the time required by this Assignment to make any payment <br />for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. <br />False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on <br />Grantor's behalf under this Assignment or the Related Documents is false or misleading in any material respect, <br />either now or at the time made or furnished or becomes false or misleading at any time thereafter. <br />Defective Collateralization. This Assignment or any of the Related Documents ceases to be in full force and effect <br />(including failure of any collateral document to create a valid and perfected security interest or lien) at any time and <br />for any reason. <br />Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of <br />Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the <br />commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. <br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial <br />proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency <br />against the Rents or any property securing the Indebtedness. This includes a garnishment of any of Grantor's <br />accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a <br />good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or <br />forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits <br />with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, <br />in its sole discretion, as being an adequate reserve or bond for the dispute. <br />Property Damage or Loss. The Property is lost, stolen, substantially damaged, sold, or borrowed against. <br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, <br />or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party <br />dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the <br />Indebtedness. <br />Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the <br />prospect of payment or performance of the Indebtedness is impaired. <br />Insecurity. Lender in good faith believes itself insecure. <br />Cure Provisions. If any default, other than a default in payment, is curable and if Grantor has not been given a <br />notice of a breach of the same provision of this Assignment within the preceding twelve (12) months, it may be <br />cured if Grantor, after Lender sends written notice to Grantor demanding cure of such default: (1) cures the <br />default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps <br />which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and <br />completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. <br />RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, Lender <br />may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided <br />by law: <br />Accelerate Indebtedness. Lender shall have the right at its option to declare the entire Indebtedness immediately <br />due and payable, including any prepayment penalty that Grantor would be required to pay. <br />Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and <br />collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's <br />costs, against the Indebtedness. In furtherance of this right, Lender shall have all the rights provided for in the <br />Lender's Right to Receive and Collect Rents Section, above. If the Rents are collected by Lender, then Grantor <br />irrevocably designates Lender as Grantor's attorney-in-fact to endorse instruments received in payment thereof in <br />