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202402892
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Last modified
6/26/2024 12:11:18 PM
Creation date
6/26/2024 12:11:17 PM
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DEEDS
Inst Number
202402892
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202402892 <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 <br />for Grantor's account and Lender may pay such costs and expenses from the Rents. Lender, in its sole discretion, <br />shall determine the application of any and all Rents received by it; however, any such Rents received by Lender <br />which are not applied to such costs and expenses shall be applied to the Indebtedness. All expenditures made by <br />Lender under this Assignment and not reimbursed from the Rents shall become a part of the Indebtedness secured <br />by this Assignment, and shall be payable on demand, with interest at the rate provided in the Notes from date of <br />expenditure until paid. <br />FULL PERFORMANCE. If Grantor pays all of the Indebtedness when due and otherwise performs the <br />obligations imposed upon Grantor under this Assignment, the Notes, and the Related Documents, Lender shall <br />execute and deliver to Grantor a suitable satisfaction of this Assignment and suitable statements of termination of <br />any financing statement on file evidencing Lender's security interest in the Rents and the Property. Any termination <br />fee required by law shall be 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 <br />interest in the Property or if Grantor falls to comply with any provision of this Assignment or any Related <br />Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is <br />required to discharge or pay under this Assignment or any Related Documents, Lender on Grantor's behalf may (but <br />shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or <br />paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Rents <br />or the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures <br />incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Notes from the date <br />incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the <br />Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of one or more of <br />the Notes and be apportioned among and be payable with any installment payments to become due during either (1) <br />the term of any applicable insurance policy; or (2) the remaining term of the Notes; or (C) be treated as a balloon <br />payment which will be due and payable at the Notes' maturity. This Assignment also will secure payment of these <br />amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon the <br />occurrence of any Event of Default. <br />DEFAULT. Each of the following, al 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 falls 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 <br />payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any <br />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 />3 <br />
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