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<br />FUll PERFORMANCE. If Grantor pays all of the Indebtedness when due and otherwise performs all the obligations imposed upon Grantor
<br />under this Assignment, the Note, and the Related Documents, lender shall execute and deliver to Grantor a suitable satisfaction of this
<br />Assignment and suitable statements of termination of any financing statement on file evidencing lender's security interest in the Rents and
<br />the Property. Any termination fee required by law shall be paid by Grantor, if permitted by applicable law.
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<br />lENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect lender's interest in the Property or if
<br />Grantor fails to comply with any provision of this Assignment or any Related Documents, including but not limited to Grantor's failure to
<br />discharge or pay when due any amounts Grantor is required to discharge or pay under this Assignment or any Related Documents, lender
<br />on Grantor's behalf may (but shall not be obligated to) take any action that lender deems appropriate, including but not limited to
<br />discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Rents or the
<br />Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by lender for
<br />such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by lender to the date of repayment
<br />by Grantor. All such expenses will become a part of the Indebtedness and, at lender's option, will (A) be payable on demand; (8) be
<br />added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either
<br />(1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (e) be treated as a balloon payment which will
<br />be due and payable at the Note's maturity. The Assignment also will secure payment of these amounts. Such right shall be in addition to
<br />all other rights and remedies to which lender may be entitled upon Default.
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<br />DEFAULT. Each of the following, at lender's option, shall constitute an Event of Default under this Assignment:
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<br />Payment Default. Grantor fails to make any payment when due under the Indebtedness.
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<br />Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this
<br />Assignment or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained
<br />in any other agreement between lender and Grantor.
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<br />Default on Other Payments. Failure of Grantor within the time required by this Assignment to make any payment for taxes or
<br />insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien.
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<br />Default in Favor of Third Parties. Grantor defaults under any loan, extension of credit, security agreement, purchase or sales
<br />agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or
<br />Grantor's ability to perform Grantor's obligations under this Assignment or any of the Related Documents.
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<br />False Statements. Any warranty, representation or statement made or furnished to lender by Grantor or on Grantor's behalf under
<br />this Assignment or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished
<br />or becomes false or misleading at any time thereafter.
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<br />Defective Collateralization. This Assignment or any of the Related Documents ceases to be in full force and effect (including failure of
<br />any collateral document to create a valid and perfected security interest or lien) at any time and for any reason.
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<br />Death or Insolvency. The dissolution or termination of Grantor's existence as a going business or the death of any partner, the
<br />insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors,
<br />any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against
<br />Grantor.
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<br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help,
<br />repossession or any other method, by any creditor of Grantor or by any governmental agency against the Rents or any property
<br />securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with lender.
<br />However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the
<br />claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives lender written notice of the creditor or forfeiture
<br />proceeding and deposits with lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by
<br />lender, in its sole discretion, as being an adequate reserve or bond for the dispute.
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<br />Property Damage or loss. The Property is lost, stolen, substantially damaged, sold, or borrowed against.
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<br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any
<br />Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In
<br />the event of a death, lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally
<br />the obligations arising under the guaranty in a manner satisfactory to lender, and, in doing so, cure any Event of Default.
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<br />Adverse Change. A material adverse change occurs in Grantor's financial condition, or lender believes the prospect of payment or
<br />performance of the Indebtedness is impaired.
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<br />Insecurity. lender in good faith believes itself insecure.
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<br />RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, lender may exercise any
<br />one or more of the following rights and remedies, in addition to any other rights or remedies provided by law:
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<br />Accelerate Indebtedness. lender shall have the right at its option to declare the entire Indebtedness immediately due and payable,
<br />including any prepayment penalty which Grantor would be required to pay.
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<br />Collect Rents. lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents,
<br />including amounts past due and unpaid, and apply the net proceeds, over and above lender's costs, against the Indebtedness. In
<br />furtherance of this right, lender shall have all the rights provided for in the lender's Right to Receive and Collect Rents Section,
<br />above. If the Rents are collected by lender, then Grantor irrevocably designates lender as Grantor's attorney-in-fact to endorse
<br />instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by
<br />tenants or other users to lender in response to lender's demand shall satisfy the obligations for which the payments are made,
<br />whether or not any proper grounds for the demand existed. lender may exercise its rights under this subparagraph either in person,
<br />by agent, or through a receiver.
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<br />Appoint Receiver. lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with
<br />the power to protect and preserve the Property, to operate the Prpperty preceding foreclosure or sale, and to collect the Rents from
<br />the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve
<br />without bond if permitted by law. lender's right to the appointment of a receiver shall exist whether or not the apparent value of the
<br />Property exceeds the Indebtedness by a substantial amount. Employment by lender shall not disqualify a person from serving as a
<br />receiver.
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<br />Other Remedies. lender shall have all other rights and remedies provided in this Assignment or the Note or by law.
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<br />Election of Remedies. Election by lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make
<br />expenditures or to take action to perform an obligation of Grantor under this Assignment, after Grantor's failure to perform, shall not
<br />affect lender's right to declare a default and exercise its remedies.
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<br />Attorneys' Fees; Expenses. If lender institutes any suit or action to enforce any of the terms of this Assignment, lender shall be
<br />entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any
<br />court action is involved, and to the extent not prohibited by law, all reasonable expenses lender incurs that in lender's opinion are
<br />necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable
<br />on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph
<br />include, without limitation, however subject to any limits under applicable law, lender's attorneys' fees and lender's legal expenses,
<br />whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
<br />vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching
<br />records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the
<br />Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by
<br />law.
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<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Assignment:
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<br />ASSIGNMENT OF RENTS
<br />(Continued)
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<br />loan No: 809390
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<br />200700573
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