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<br />200709740
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<br />due under the lease( s) described herein and all renewals and extensions thereof, and under any other lease( s)
<br />heretofore or hereafter entered into demising any part of the Secured Property, and Lender shall thereafter
<br />continue to receive and collect all such rents, income and profits as long as such default or breach shall exist, and
<br />during the pendency of any foreclosure proceedings and throughout any applicable redemption period if there is a
<br />deficiency after foreclosure sale, and during all such periods. Lender may, but is not obligated to, apply some or all
<br />of the rents, income and profits to protect Lender's interest in the Property, including, but not limited to, payment
<br />of property taxes.
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<br />NOTICE. In the event of any such default or breach, Owner expressly authorizes Lender, at its option, to enter
<br />upon the Secured Property or any part thereof, by its officers, agents, or employees, for the collection of the rents,
<br />income and profits and for the operation and maintenance of the Secured Property. Owner authorizes Lender in
<br />general to perform all acts necessary for the operation and maintenance of the Secured Property in the same
<br />manner and to the same extent that the Owner might so act. After payment of all charges and expenses, including,
<br />without limitation, current and delinquent property taxes and customary operating expenses, the Lender shall credit
<br />the net amount of income received by virtue of Lender's exercise of this Assignment to any amounts due Lender
<br />under the terms and provisions of the aforesaid Note(s) and Deed of Trust, and in the event of any foreclosure sale,
<br />to any deficiency during any redemption period. The manner of the application of such net income and the item or
<br />items to which it shall be applied shall be within the sole discretion of the Lender, and Lender shall be accountable
<br />only for money actually received by it pursuant to this Assignment. Such entry and taking possession of the
<br />Secured Property or any part thereof by Lender, may be made by actual entry and possession or by written notice
<br />served personally upon or sent by certified mail to the last owner of the Secured Property appearing on the records
<br />of the Lender, as the Lender may elect, and no further authorization or notice shall be required.
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<br />WAIVER OF NOTICE. TO THE EXTENT PERMITTED BY LAW, OWNER WAIVES ANY RIGHT TO
<br />NOTICE, OTHER THAN THE NOTICE PROVIDED ABOVE, AND WAIVES ANY RIGHT TO ANY
<br />HEARING, JUDICIAL OR OTHERWISE, PRIOR TO THE LENDER EXERCISING ITS RIGHTS
<br />UNDER THIS ASSIGNMENT.
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<br />LENDER AS OWNER OF SECURED PROPERTY. It is mutually agreed that nothing contained in the
<br />Remedies and Additional Remedies above shall in any way diminish, restrict, or affect any rights of Lender under
<br />the lease(s) referred to herein if Lender should become the owner of the Secured Property after the expiration of
<br />any redemption period in connection with any foreclosure proceedings.
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<br />SUBSEQUENT LEASES. Owner agrees to promptly inform Lender of, and to promptly transfer, assign and
<br />deliver to the Lender, any subsequent lease(s) of the Secured Property or any part thereof, and to make, execute
<br />and deliver to the Lender, upon demand, any and all documents, agreements and instruments as may, in Lender's
<br />opinion, be necessary to protect the Lender's rights under this Assignment. Owner's failure to comply with the
<br />agreements herein made-shall not imr;:lir T ",ntl",r's.--tigha..hereunder with.respecLto~such-subsequentJease(s),...-..
<br />nor shall S1.:.ch failure in any way affect the applicability of this Assignment to such lease(s) and the rentals
<br />receivable thereunder.
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<br />PROTECTION OF LENDER'S RIGHTS AND INTERESTS; NO WAIVER; DEFAULT. Owner further
<br />agrees to perform and discharge each and every obligation, covenant, and agreement required to be performed by
<br />the Landlord under the lease(s) referred to herein, and should Owner fail to do so, the Lender, without obligation
<br />to do so and without releasing Owner from any such obligation, may make or do the same in such manner and to
<br />such extent as the Lender deems necessary to protect its rights and interests under this Assignment. Nothing in this
<br />Assignment shall be construed to require the Lender to perform any of the terms and provisions contained in the
<br />lease(s), or otherwise to impose any obligation or liability upon the Lender. Neither the performance nor the
<br />nonperformance by the Lender of Owner's obligations shall be deemed a waiver of any default by the Owner under
<br />the Deed of Trust, this Assignment or under the Note(s). Owner agrees to indemnify and hold harmless Lender
<br />from all liability, loss, or damage, which may be incurred under the lease(s) or by reason of this Assignment. If
<br />Lender incurs any expenses due to performing Owner's obligations under the lease(s) and Assignment, or incurs
<br />damages, attorney fees or costs due to claims or demands under the lease( s) and Assignment, such amounts shall
<br />be payable on demand by Owner to Lender. Any default by Owner in the performance of any of the obligations in
<br />this Assignment shall be a default under the terms of the said Deed of Trust, entitling Lender to exercise all rights
<br />and remedies provided by the Deed of Trust, this Assignment, and under the Note(s).
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<br />LESSEE PAYMENTS TO LENDER. Owner irrevocably consents and agrees that any lessee(s) under any of the
<br />lease(s) referred to herein shall, upon demand and notice from Lender of Owner's default under said Note(s), Deed
<br />of Trust, or this Assignment, pay all rents, income, and profits under said lease(s) to Lender, without any
<br />obligation upon any such lessee(s) to determine the actual existence of any default by Owner.
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<br />LENDER ASSIGNMENT OF LEASE. Owner agrees that Lender shall have the right to assign Owner'" right,
<br />title and interest in the lease(s) referred to herein to any subsequent holder of the Deed of Trust or Note(s) and to
<br />assign the same to any person acquiring title to the Secured Property through foreclosure.
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<br />SCOPE OF ASSIGNMENT OF LEASE AND RENTS. This Assignment extends to and includes every lease or
<br />rental agreement, whether written or unwritten, now existing or hereafter entered into, demising any part of the
<br />Secured Property. Wherever used herein, the term "lease" or "leases" includes all such rental agreements. If no
<br />specific lease is described above, then this Assignment shall be a general assignment of all leases and rental
<br />agreements concerning the Secured Property.
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<br />ro 2004"2006 Copyright Compliance Systems, loc. OFB7-C9BD. 2006.11.101
<br />Assignment of Leases and Rents - DL4001
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