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<br /> <br /> <br /> ASSIGNMENT OF RENTS 200900301 <br /> Loan No: 0000000098 (Continued) Page 5 <br /> <br /> Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of <br /> the Note. <br /> Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note <br /> or Related Docurents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note <br /> or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by <br /> Lender to enforce Grantor's obligations under this Assignment, together with interest on such amounts as provided in this <br /> Assignment. Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision of <br /> this Assignment, together with all interest thereon. <br /> Lender. The word "Lender" means BANK OF THE WEST, its successors and assigns. <br /> Note. The word "Note" means the promissory note dated January 8, 2009, in the original principal amount of $72,300.00 <br /> from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and <br /> substitutions for the promissory note or agreement. <br /> Property. The word "Property" means all of Grantor's right, title and interest in and to all the Property as described in the <br /> "Assignment" section of this Assignment. <br /> Related Documents, The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental <br /> agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other <br /> instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. <br /> Rents. The word "Rents" means all of Grantor's present and future rights, title and interest in, to and under any and all present and <br /> future leases, including, without limitation, all rents, revenue, income, issues, royalties, bonuses, accounts receivable, cash or security <br /> deposits, advance rentals, profits and proceeds from the Property, and other payments and benefits derived or to be derived from such <br /> leases of every kind and nature, whether due now or later, including without limitation Grantor's right to enforce such leases and to <br /> receive and collect payment and proceeds thereunder. <br /> THE UNDERSIGNED ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS ASSIGNMENT, AND NOT PERSONALLY BUT AS <br /> AN AUTHORIZED SIGNER, HAS CAUSED THIS ASSIGNMENT TO BE SIGNED AND EXECUTED ON BEHALF OF GRANTOR ON JANUARY <br /> 8, 2009. <br /> GRANTOR: <br /> MARTINEZ ENTERPRISES, LLC <br /> <br /> By: Zvy /Z. <br /> SA TINO-M I Z, 11Qe er of MAFjTJ-N ENTERPRISES, LLC <br /> By~ <br /> ER MARTIN E anaging"Member of MARTINEZ ENTERPRISES, LLC <br /> LIMITED LIABILITY COMPANY ACKNOWLEDGMENT <br /> STATE OF <br /> J ] ) SS <br /> COUNTY OF"LIB L L ) <br /> On this day of ~ on U0 20 1 before me, the undersigned Notary Public, <br /> personally appeared SANTINO MARTINEZ, Member of M TINEZ ENTERPRISES, LLC and ERIN MARTINEZ, Managing Member of <br /> MARTINEZ ENTERPRISES, LLC, and known to me to be members or designated agents of the limited liability company that executed the <br /> ASSIGNMENT OF RENTS and acknowledged the Assignment to be the free and voluntary act and deed of the limited liability company, by <br /> authority of statute, its articles of organization or its operating agreement, for the uses and purposes therein mentioned, and on oath stated <br /> that they are authorized to execute this Assignment and in fact executed the ssi nment b alf~o]ft~hJe lim ted liability company. <br /> BY <br /> Notary Public in and or the State of <br /> U ~ ~ ~ R ~ iding at t)ZI-~ SI r.. 9 d <br /> &9) 7my <br /> INn M commission expires lI, 200! <br />