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Loan No: 1823500 <br />202402611 <br />ASSIGNMENT OF RENTS <br />(Continued) Page 3 <br />Employ Agents. Lender may engage such agent or agents as Lender may deem appropriate, either in Lender's <br />name or in Grantor's name, to rent and manage the Property, including the collection and application of Rents. <br />Other Acts. Lender may do all such other things and acts with respect to the Property as Lender may deem <br />appropriate and may act exclusively and solely in the place and stead of Grantor and to have all of the powers of <br />Grantor for the purposes stated above. <br />No Requirement to Act. Lender shall not be required to do any of the foregoing acts or things, and the fact that <br />Lender shall have performed one or more of the foregoing acts or things shall not require Lender to do any other <br />specific act or thing. <br />APPLICATION OF RENTS. All costs and expenses incurred by Lender in connection with the Property shall be for <br />Grantor's account and Lender may pay such costs and expenses from the Rents. Lender, in its sole discretion, shall <br />determine the application of any and all Rents received by it; however, any such Rents received by Lender which are <br />not applied to such costs and expenses shall be applied to the Indebtedness. All expenditures made by Lender under <br />this Assignment and not reimbursed from the Rents shall become a part of the Indebtedness secured by this <br />Assignment, and shall be payable on demand, with interest at the Note rate from date of expenditure until paid. <br />FULL PERFORMANCE. If Grantor pays all of the Indebtedness when due and otherwise performs all the obligations <br />imposed upon Grantor under this Assignment, the Note, and the Related Documents, Lender shall execute and deliver to <br />Grantor a suitable satisfaction of this Assignment and suitable statements of termination of any financing statement on <br />file evidencing Lender's security interest in the Rents and the Property. Any termination fee required by law shall be <br />paid by Grantor, if permitted by applicable law. <br />LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in <br />the Property or if Grantor fails to comply with any provision of this Assignment or any Related Documents, including but <br />not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under <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. Borrower fails to make any payment when due under the Indebtedness. <br />Other Defaults. Borrower or Grantor fails to comply with or to perform any other term, obligation, covenant or <br />condition contained in this Assignment or in any of the Related Documents or to comply with or to perform any <br />term, obligation, covenant or condition contained in any other agreement between Lender and Borrower or 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 />Default in Favor of Third Parties. Borrower or Grantor defaults under any loan, extension of credit, security <br />agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may <br />materially affect any of Borrower's or Grantor's property or ability to perform their respective obligations under this <br />Assignment or any of the Related Documents. <br />False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Grantor <br />or on Borrower's or Grantor's behalf under this Assignment or the Related Documents is false or misleading in any <br />material respect, either now or at the time made or furnished or becomes false or misleading at any time <br />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 dissolution of Grantor's (regardless of whether election to continue is made), any <br />member withdraws from the limited liability company, or any other termination of Borrower's or Grantor's <br />existence as a going business or the death of any member, the insolvency of Borrower or Grantor, the appointment <br />of a receiver for any part of Borrower's or Grantor's property, any assignment for the benefit of creditors, any type <br />of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or <br />against Borrower or 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 Borrower or Grantor or by any <br />governmental agency against the Rents or any property securing the Indebtedness. This includes a garnishment of <br />