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200503'789 examine all books and records of Assignor pertaining to the Premises and deliver to Assignee upon request all financial statements, credit reports and other documents in the possession of Assignor relating to the financial condition of Assignor, any tenant of the Premises and any guarantor of the Loan, including rental, income and expense statements pertaining to the Premises and tax returns and audits. 10. No Waiver. The failure of Assignee to avail itself of any of the terms, covenants, and conditions of this Assignment for any period of time or at any time shall not be construed or deemed to be a waiver of any such right, and nothing herein contained nor anything done or omitted to be done by Assignee pursuant hereto shall be deemed a waiver by Assignee of any of its rights and remedies under the Note and Deed of Trust or the laws of the state in which the said Premises are situated. The rights of Assignee to collect the said indebtedness, to enforce any of the security therefor, or to enforce any other right or remedy hereunder, may be exercised by Assignee either prior to, simultaneously with, or subsequent to, any other action taken hereunder and shall not be deemed an election of remedies. 11. Primary Security. This Assignment of Leases and Rents is primary in nature to the obligation evidenced and secured by the Note, Deed of Trust and any other document given to secure and collateralize the indebtedness. Assignor further agrees that Assignee may enforce this Assignment without first resorting to or exhausting any other security or collateral; however, nothing herein contained shall prevent Assignee from suing on the Note, foreclosing the Deed of Trust or exercising any other right under any other document collateralizing the Note. 12. Merger. So long as any of the Indebtedness secured hereby and by the Note and Deed of Trust shall remain unpaid, unless Assignee shall otherwise consent in writing, the fee title and the leasehold estates created by the Leases upon the Premises shall not merge, but shall always be kept separate and distinct, notwithstanding the union of the leasehold estates and the fee interest in the Premises in the same person by purchase or otherwise or by operation of law. 13. Termination of Assignment. Upon payment in full of all of the indebtedness secured by the Note and Deed of Trust and payment of all sums payable hereunder, this Assignment shall be void and of no effect; and no judgment or decree entered as to said indebtedness shall operate to abrogate or lessen the effect of this Assignment until such indebtedness has actually been paid. The affidavit, certificate, letter or statement of any officer of Assignee showing any part of said indebtedness to remain unpaid shall be and constitute conclusive evidence of the validity, effectiveness and continuing force of this Assignment. Any person, firm or corporation may and is hereby authorized to rely on such affidavit, certificate, letter or statement. A demand by Assignee shall be sufficient direction to said tenant to make future payments of Rents to Assignee without the necessity for further consent by or notice to Assignor. 14. Notice. All notices, demands or documents of any kind which Assignee may be required or may desire to serve upon Assignor shall be sufficiently served by delivering them to Assignor personally; or by leaving a copy addressed to Assignor at the address appearing hereinabove; or by depositing a copy in the United States mail, postage prepaid, certified or registered mail, addressed to Assignor at the address shown above. 15. Assignment Binds Successors. The terms, covenants, conditions and warranties contained herein and the powers granted hereby shall run with the land and shall inure to the benefit of and bind all parties hereto and their respective heirs, successors and assigns; all tenants and their subtenants and assigns; and all subsequent owners of the Premises and subsequent holders of the Note and Deed of Trust. 16. Location of Performance. Assignor expressly agrees that this Assignment is performable in the county where the Premises are located, waives the right to be sued elsewhere, and agrees and consents to the jurisdiction of any court of competent jurisdiction located in said county. CR- 167 -07 /04NC -5- Symetra Loan No. SBOL1508