202403541
<br />ASSIGNMENT OF LEASES AND RENTS. As additional security for the payment of the Indebtedness and the
<br />performance of the covenants contained herein, Grantor hereby assigns and transfers over to Lender any present
<br />or future leases, subleases, or licenses of the Property, including any guaranties, extensions, amendments, or
<br />renewals thereof, and all rents, income, royalties, and profits derived from the use of the Property or any portion
<br />of it, whether due or to become due (collectively the "Rents"). So long as Grantor is not in default, Grantor may
<br />receive, collect and enjoy all Rents accruing from the Property, but not more than one month in advance of the
<br />due date. Lender may also require Grantor, tenant and any other user of the Property to make payments of Rents
<br />directly to Lender. However, by receiving any such payments, Lender is not, and shall not be considered, an agent
<br />for any party or entity. Any amounts collected may, at Lender's sole discretion, be applied to protect Lender's
<br />interest in the Property, including but not limited to the payment of taxes and insurance premiums and to the
<br />Indebtedness. At Lender's sole discretion, all leases, subleases and licenses must first be approved by Lender.
<br />CONDEMNATION. Grantor shall give Lender notice of any action taken or threatened to be taken by private or
<br />public entities to appropriate the Property or any part thereof, through condemnation, eminent domain or any
<br />other action. Further, Lender shall be permitted to participate or intervene in any of the above described
<br />proceedings in any manner it shall at its sole discretion determine. Lender is hereby given full power, right and
<br />authority to receive and receipt for any and all damages awarded as a result of the full or partial taking or
<br />appropriation and in its sole discretion, to apply said awards to the Indebtedness, whether or not then due or
<br />otherwise in accordance with applicable law. Unless Lender otherwise agrees in writing, any application of
<br />proceeds to the Indebtedness shall not extend or postpone the due date of the payments due under the
<br />Indebtedness or change the amount of such payments.
<br />GRANTOR'S ASSURANCES. At any time, upon a request of Lender, Grantor will execute and deliver to
<br />Lender, and if appropriate, cause to be recorded, such further mortgages, assignments, assignments of leases and
<br />rents, security agreements, pledges, financing statements, or such other document as Lender may require, in
<br />Lender's sole discretion, to effectuate, complete and to perfect as well as to continue to preserve the Indebtedness,
<br />or the lien or security interest created by this Security Instrument.
<br />ATTORNEY-IN-FACT. Grantor appoints Lender as attorney-in-fact on behalf of Grantor. If Grantor fails to
<br />fulfill any of Grantor's obligations under this Security Instrument or any Related Documents, including those
<br />obligations mentioned in the preceding paragraph, Lender as attorney-in-fact may fulfill the obligations without
<br />notice to Grantor. This power of attorney shall not be affected by the disability of the Grantor.
<br />EVENTS OF DEFAULT; REMEDIES. I will be in default and you may, to the extent permitted by law, declare
<br />the entire unpaid balance of this loan immediately due and payable if (each an "Event of Default"): (a) I do not
<br />keep any promise or perform any obligation under this Note or any other contract or note that I may have with
<br />you; or (b)I give you false or misleading information in order to obtain, or while I owe on, this Note; or (c) I
<br />should die or become involved in any bankruptcy, receivership, insolvency, or custodial proceedings brought by
<br />or against me; or (d) I should have a judgment or tax lien filed against me or any attachment or garnishment
<br />should be issued against any of my property or rights, specifically including anyone starting an action or
<br />proceeding to seize any funds that I may have on deposit with you; and/or (e) you, in good faith, reasonably
<br />believe my ability to repay the indebtedness owed under this is or soon will be impaired, time being of the very
<br />essence. If permitted by law, I waive any otherwise required notice of: presentment; dishonor; demand;
<br />acceleration; and intent to accelerate. If I am in default, to the extent permitted by law, without any prior notice or
<br />demand, unless required by law, I will have to pay the entire unpaid balance of this loan and you may invoke any
<br />other remedies permitted by applicable law. You may sell or dispose of the Collateral in any manner permitted by
<br />law. After appropriate application of the proceeds of any sale, I will be liable to pay any resulting deficiency on
<br />my loan to you, to the extent permitted by law.
<br />REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default, Lender may, without demand or
<br />notice, pay any or all taxes, assessments, premiums, and liens required to be paid by Grantor, effect any insurance
<br />provided for herein, make such repairs, cause the abstracts of title or title insurance policy and tax histories of the
<br />Property to be certified to date, or procure new abstracts of title or title insurance and tax histories in case none
<br />were furnished to it, and procure title reports covering the Property, including surveys. The amounts paid for any
<br />such purposes will be added to the Indebtedness and will bear interest at the rate of interest otherwise accruing on
<br />the Indebtedness until paid. In the event of foreclosure, the abstracts of title or title insurance shall become the
<br />© 2004-2022 Compliance Systems, LLC b8 Id6b42•7a I da828 - 2022.71.25.2
<br />Commercial Real Estate Security Instrument - DL4007 Page 4 of 7 www.compliancesystems.com
<br />
|