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6. DEFAULT REMEDIES Upon the occurrence of any Event of Default specified in the Deed of Trust or upon the breach of any warrant I or
<br />covenant contained in Ibis Assiynmenp the Assignee may, at its option
<br />(al in the name, place and stead of fire Assignor and as the Assignee in ifs sole discrefire deems appropriate N enter upon, manage and
<br />operate the Trust Property or retain the services of one or more independent contractors to manage and operate a7or any part of the
<br />Trust Property; lid (nuke, enforce, modify and accept sprmnde,, at the Leases; (iii) obtain ar evict tenants, collect, receive, sue for, Fxr
<br />modify, adjust a, ccirpmroi ut the Rents, and enforce all rights of the Assignor under the Leases; and SO perform any and all other
<br />acts (he( may be necessary or proper to protect the securty of this Assignment .
<br />b) will) or without exercising the rights set forth in subparagraph (a) above, give or require file Assignor to give notice to any or all
<br />tenants under, the Leases au(bonzam and directing sham a pay all Rents under the Leases directly to the Assignee; and
<br />cl wdi out regard m any waste, ad.,,a,y of the security or solvency of the Assignor, apply for the appointment of a receiver of ibo
<br />/rust Properly, 1✓ which appointment fire Assignor harehy conse is, whmher or net foreclosure mare dings have ilea/) M/)II))e/)rerl
<br />✓offer he Dead of T/USf and Wfather or no( a Jim d.s,,p sale l)a, VCL'VImrL
<br />O The exertls,. of eny of file foregoing rights or remedies and the adplication of file rents, profits and Income pursuant to the Section enb,ed
<br />Applicarion of Rents, Profima and /,come "shall not cure or waive any Event of Default (or notice of default) under the Deader Trust or
<br />validate any act done pursuant m Sort, annce.
<br />H ]. APPLICATION OF RENTS PROFITS AND INCOME. All Rents caffa,md by the Assignee or hs agent or receiver each month shat/ be
<br />applied as lolls.:
<br />M a) if a receiver has been appointed, to payment of all reasonable fees of (Ire receiver;
<br />0 b) to payment of ell tenant security deposits than owing to tenants under any of the Leases;
<br />cl to payment, when due, of prior or current real estate taxes and special assessments with respect to the Trust Property, or if Ire
<br />.�} Deed of Trusr mqr s. periodic escrow payments for such faxes and assessments, to the escrow payments then due;
<br />dl to payment of a,1 premmms than duo for insuruucc required by flu, provr.ions of ilia Deed of Trust, or it Iha Deed or Trust requires
<br />periodic narrow paym P.Ns for,suah premiums, In the. a,! RlW paymenfS than did.;
<br />el to payment of expanses Incurred for normal rnalntenanee of the T ..t Property;
<br />I) if received prior to any foreclosure sale of the Trust Property, to the Assignee for payment of the Obligation, but no such payment
<br />made alter acceleration of the Obligation shall affect such acceleration;
<br />yl if received during or with respect to the period of redemption following a /ad,losure sale of the Trust Property:
<br />bl it the pufoind er at the foreclosure sale is not the Assignee, first to the Assignee to the extent of any deficiency of the sale
<br />proceeds to repay file Obligation, second to the purchaser to be retained as a credit to the redemption price, but if rho Trust
<br />Property is not redeemed, then o file purchaser of rbe Trust Properry,
<br />fit If the purchaser at (Ire foreclosure sale is the Assignee, a (he Assignee to (he extent of any deficiency of the sale proceeds to
<br />repay the Obligation and the balance to be retained by the Ax,4,,u,. itcredit to the redemption price, but it the Trust Property
<br />is not redeemed, then m the Assignee, whether or not any Such deficiency exists.
<br />The rights andpowers of the Assignee under this Assignment and the application of Rents under this Section shall mnrinue unlit exmrarie,
<br />of the redemption period from any foreclosure safe, whether or not any deficiency remains after the foreclosure sale.
<br />8. NO LIABILITY FOR ASSIGNEE. The Assignee shell not be obligated to perform or discharge, nor does it hereby undertake to par form or
<br />discharge, any mdhp, don, dory ar llabila, of the AsslBnor rmder the Leases. This Assignment .,half art operate to place upon the
<br />Assignee responsibility for the control, care, management or repair of the Trost Property or for lira carrying out u/ any of file terms and
<br />conditions of he Leases. The Assignee .,bailout be responsible or liable for any waste committed on the Trust Property. for any
<br />dangerous or defective condition of the Trust Property, for any negligence in the management, upkeep, repair or control of said Trust
<br />Prnparty or for failure In ratted the Rents.
<br />9, ASSIGNOR'S 1NDEMNIFICA TION. The Assignor shall Indemnify and hold the Assignee harmless against any and all claims, demands,
<br />liability, loss or damage lincludiny a// costs, expenses and Ieasonable al(orncys' fees fir the defense (hereon asserted against imposed
<br />on or incurred by the Assignee in connection with or as a result of her Assignment or fire exercise of any rights or remedies under this
<br />Assignment or under the Leases or by reason of any alleged alshun,inna or undertekin.9s of the Assignee to perform or discharge any or
<br />lire terms, ev,enan(o or agresmems con turned in the Leases. Should the Assignee incur any such b,bigN, Ibo arnounr llrweof' 1pgelher
<br />nwh interest there,, at the rate sto India the Nore or the rate stated in the most recent obligation covered by the Guaranty, shall be
<br />secured hereby and by the Deed of Trust, and the Assignor shelf reimburse the Assignee therefor upon demand.
<br />10. AUTHORIZA LION TO IENAN IS Upon na tie, Iron, the A,,,,pp , that it i, exercising the remedy sN fair, in (Ire Be, fro, is tided
<br />"Default; Remedies "of this Assignment, the tenants under the Leases are hereby irrevocably authorized and directed to pay to Ire
<br />Assignee all .urns due under the Leases, and the Assignor herahy consents and directs that said sums shall he paid In the Assignee
<br />reform, the necessity for a judicial determination that s default has occurred hereunder or under the Deed or !rust or that the Assignee
<br />Is entitled to exercise its rights hereunder, and to the extent such sums are paid to the Assignee, the Assignor agrees that the tenon,
<br />shall have no further smarty to the Assignor for the some. The signature of the Assignee alone shall be sufficient for the exercise of any
<br />rights under this Assignment and (he m,,.hpl of the Assignee afnne for any sums received shall be a full discharge and release therefor
<br />to any such tenant or occupant of (Ire Trust Property, Checks for all or any part of (he Rents collected under this Asaignrnent shall upon
<br />retire, from the Assignee be drew, to rbe extrusive order of the Assignee.
<br />I i. SATISFACTION. Upon the ... man, in full of the Obligation secured hereby as evidenced by a recorded deed of reconveyance, flies
<br />Assignment shall, without the need for any further Satisfaction or release, become null and void and be of no further af/ecr.
<br />12. ASSIGNEE AS A TTORNEY -IN FACT. The Assignor hereby irrevocably appoints the Assignee and its successors and assigns as he
<br />Assigns agent and a(forncµim fact, which appointment is coupled with an /mere,,, with the fi hl bur nor the duty fa exercisa any
<br />rights or remedies hereunder and to execute and deliver during the (err, of this Assignment such instruments is the Assignee may deer,
<br />appropriate to make this Assignment and any brrrher assignment effective, including bur not limited to the right to endorse on behalf and
<br />in the name of the Assignor all checks fain tenants in payment of Rems that are made payshle in the A.sognor.
<br />13, SPECIFIC ASSIGNMENT OF LEASES. The Ass /,nor shall franafer and assign to )lie Assignee upon written notice by the Assignee, any
<br />and all spec /flc Leases that the Assignee requests. Sash (raps /cr or assignment by (he Assignor eha0 he open the same or subs(anvily
<br />,he same terms and conditions as are herein contained, and fin, Assignor shall properly file or record such "xi,l'Snem a, at the
<br />Assiynar'S expense, it requested by the Assignee.
<br />14. UNENFORCEABLE PROVISIONS SEVERABLE All rights, powers sad remedies provided here/, me, be exercised only to the extent (hat
<br />the exercise thereof does not violate any applicable law, and are immodad to be limited to the extent necessary so that they will not
<br />render this Asalgn m.n( invalid, unenforceable or not entitled to be recorded, registered or riled under any applicable law. If any terms
<br />of this Assignment shall be held to be invalid, Illegal or unenforceable, the validity of other terms hereof shell in no wav be affected
<br />rhsreb;,
<br />15. SUCCESSORS AND ASSIGNS: This Agreement shall be binding open the Assignor and the heirs, legal pg raserrrarives and assigns of
<br />the Assign,, end shall inure to the benefit at the Assignee and Ifs successors and assigns.
<br />16. AMENDMFNT NOTICE This Assignment can be amended only in a writing signed by the Assignor and the Assignee. Any notice under
<br />this Assigonren( shall be deemed to have been given when given in accordance with the rvm,,,uu t, for norine under the Deed of
<br />T.. f.
<br />17, COUNTERPARTS. this Assidurp,W may be executed In any number of counterparts. each of which shall be an original and all or whorl)
<br />together shall constitute one instrument.
<br />18. THIRD PARTY_ If (he Assignor Is an individual. np(bibg contained herein Shape, any way nhllga(e Ibo spnuso, If any, of the Assignor ro
<br />pay the Obligation unleSa such SpOVSe also signed (he Not, ar (hu Guaranty that is evidence of but Obligation
<br />/Man I"a
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