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<br />200902259
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<br />6 APPOINTMENT OF RECEIVER. In the event of a default, Lender shall be entitled, without notice, without bond, and without
<br />regard to the adequacy of the collateral securing the Obligations to the appointment of a receiver for the Premises. The receiver
<br />shall have, in addition to all the rights and powers customarily given to and exercised by a receiver, all the rights and powers
<br />granted to Lender under the Security Instrument and this Assignment.
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<br />7. POWER OF ATIORNEY. Lessor Irrevocably authorizes Lender as Lessor's attomey-In-fact coupled with an interest, at Lender's
<br />option, upon taking possession of the Premises to lease or re-lease the Premises or any part thereof, to cancel and modify Leases,
<br />evict tenants, bring or defend any suits in connection with the possession of the Premises In the name of either party, make repairs as
<br />Lender deems appropriate and perform such other acts in connection with the management and operation of the Premises as Lender
<br />may deem proper. The receipt by Lender of any Rents under this Assignment after Institution of foreclosure proceedings under the
<br />Security Instrument shall not cure any default or affect such proceedings or sale which may be held as a result of such proceedings.
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<br />8. BENEFICIAL INTEREST. Lender shall not be obligated to perform or discharge any obligation, duty or liability under the Leases
<br />by reason of this Assignment. Lessor hereby agrees to indemnify Lender and to hold Lender harmless from any and all liability,
<br />loss or damage which Lender may Incur under the Leases by reason of this Assignment and from any and all claims and demands
<br />whatsoever which may be asserted against Lender by reason of any alleged obligations or undertakings on Lender's part to perform
<br />or discharge any of the terms or agreements contained in the Leases. Should Lender incur any liability, loss or damage under the
<br />Leases or under or by reason of tlils Assignment, or In the defense of any such claims or demands, the amount of such loss,
<br />including any costs and expenses to the extent permitted by applicable law, shall be secured by the Security Instrument. Lessor
<br />agrees to reimburse Lender Immediately upon demand for any such costs, and upon failure of Lessor to do so, Lender may
<br />accelerate and declare due all sums owed to Lender under any of the Obligations.
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<br />9. NOTICE TO TENANTS. A written demand by Lender to the tenants under the Leases for the payment of Rents or written notice
<br />of any default claimed by Lender under the Leases shall be sufficient notice to the tenants to make future payments of Rents
<br />directly to Lender and to cure any default under the Leases without the necessity of further consent by Lessor. Lessor hereby
<br />releases the tenants from any liability for any Rents paid to Lender or any action taken by the tenants at the direction of Lender after
<br />such written notice has been given.
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<br />10. INDEPENDENT RIGHTS. This Assignment and the powers and rights granted are separate and Independent from any
<br />obligation contained in the Security Instrument and may be enforced without regard to whether Lender institutes foreclosure
<br />proceedings under the Security Instrument. This Assignment is In addition to the Security Instrument and shall not affect, diminish
<br />or Impair the Security Instrument. However, the rights and authority granted In this Assignment may be exercised In conjunction
<br />with the Security Instrument.
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<br />11. MODIFICATION AND WAIVER. The modification or waiver of any of Lessor's obligations or Lender's rights under this
<br />Assignment must be contained In a writing signed br Lender. Lender may perform any of Lessor's obligations or delay or fail to
<br />exercise any of Its rights without causing a waiver 0 those obligations or rights. A waiver on one occasion shall not constitute a
<br />waiver on any other occasion. Lessor's obligations under this Assignment shall not be affected If Lender amends, compromises,
<br />exchanges, fails to exercise, impairs or releases any of the obligations belonging to any Lessor or third party or any of Its rights
<br />against any Lessor, third party or collateral.
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<br />12. NOTICES. Except as otherwise required by law, any notice or other communication to be provided under this Assignment shall
<br />be In writing and sent to the parties at the addresses indicated In this Assignment or such other address as the parties may
<br />designate In writing from time to time.
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<br />13. SEVERABILITY. Whenever possible, each provision of this Assignment shall be Interpreted so as to be valid and effective
<br />under applicable state law. If any provision of this Assignment violates the law or Is unenforceable, the rest of the Assignment shall
<br />remain valid.
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<br />14. COLLECTION COSTS. To the extent permitted by law, Lessor agrees to pay Lender's reasonable fees and costs, Including,
<br />but not limited to, fees and costs of attorneys and other agents (Including without limitation paralegals, clerks and consultants)
<br />whether or not any attomey Is an employee of Lender, which are Incurred by Lender In collecting any amount due or enforcing
<br />any right or remed'r. under this Assignment, all whether or not suit Is brought and Including, but not limited to, fees and costs
<br />incurred on apPea , In bankruptcy, and for post-judgment collection actions.
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<br />15. MISCELLANEOUS.
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<br />a. A default by Lessor under the terms of any of the Leases which would entitie the tenant thereunder to cancel or terminate
<br />such Lease shall be deemed a default under this Assignment and under the Obligations and Security Instrument so long as,
<br />In Lender's opinion, such default results In the Impairment of Lender's security.
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<br />b. A violation by Lessor of any of the covenants, representations or provisions contained In this Assignment shall be
<br />deemed a default under the terms of the Note and Security Instrument.
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<br />c. This Assignment shall be binding upon and Inure to the benefit of Lessor and Lender and their respective successors,
<br />assigns, trustees, receivers, administrators, personal representatives, legatees, and devisees.
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<br />d. This .Asslgnmen~ shall be govemed by the laW!! of tt:'e state Indicated in the address of the Premlse.s. Ul)less appll~ble law
<br />prOVides otherwise, Lessor consents to the junsdlction of any court selected by Lender In Its sole discretion located In the
<br />state Indicated In Lender's address In the event of any legal proceeding under this Assignment.
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<br />e. All references to Lessor In this Assignment shall include all persons signing below. If there is more than one Lessor, their
<br />obligations shall be joint and several. This Assignment represents the complete and integrated understanding between
<br />Lessor and Lender pertaining to the terms hereof.
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<br />16. JURY TRIAL WAIVER. LENDER AND LESSOR HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION
<br />ARISING OUT OF, OR BASED UPON, THIS ASSIGNMENT.
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<br />17. ADDITIONAL TERMS.
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<br />LESSOR ACKNOWLEDGES THAT LESSOR HAS READ, UNDERSTANDS, AND AGREES TO THE TERMS AND CONDITIONS
<br />OF THIS ASSIGNMENT.
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<br />DATED'March 27. 2009
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<br />LESS~~>)lf ~
<br />TIMOl'BY M RUS , MEMBER
<br />
<br />LE{rJ4~ r/ ~/;;J--/
<br />
<br />NADINE L RUST, MEMBER
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<br />LESSOR:
<br />
<br />LESSOR:
<br />
<br />LESSOR:
<br />
<br />LESSOR:
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<br />CCA126p2EN (11/05)
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