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<br />200902887
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<br />8. APPOINTMENT OF RECEIVER.. In the event of e. defeull, Lender. shall be. entltltld1 without notice. without bond, and without
<br />regard to the adeQuacy of the calla",...1 eecuring the Oblgatlons to the appointment or a receiver for the Premlsee. The receiver
<br />shall have, In Bddlllon to elllhe rlghla and pow$l'S (:\JslOlnilrlly given to and exereleed by a receiver, all the rlghts and powers
<br />granted to Lend<< under the Security Instrument and this Asslgnment.
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<br />7. POWER OF ATTORNEY. Lessor lmlvocably aulhor1as L..nder as Lessor's attorneyolll-fact couJ>led with an Intereat, at Lend8l'a
<br />option, upon taking polI8ll88lon of the Prem18e8 10 IeaH or I'8-lGa88 the Premlaea or any part thereof, 10 cancel and modify L.easea,
<br />avid I8nants,brlng or defend any suits In IXlnnecUon .wilh the poeeesslon of the Premises In the mime of either pa~, make repairs lIS
<br />Lender dllllms appropr1ate eild pertorm such other acts In conneetlon with Ih8 management lI/ld operation of the PramlM8 lie Lender
<br />may dllllm proper. Tha receipt Dy Lender of any Rents under this Asslgnment after Institution of foreclosure proc::illldings uilder the
<br />Security Instrument shall not CUIlI any defaUlt or allBct such proCIIIIdlngs or salll which may be held as a I'IlllUlt of such proceedings.
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<br />8. BENEFICIAL INTEREST. Lender shall noi be obligated to perform or discharge any obligation, dUty or liability under the Leases
<br />by reMQI'1 of this Assignment. leNor hereby aglllllS 10 Indemnify Lender and 10 hold Lender harmless from any and all liability,
<br />kiss or damage which Lender may In(:\Jr under the l88s8S by rIIaeon of this Asslgnment and from eny and all claims and demands
<br />whatsoever Which may be _rted against Lender by reason of any IIII11ll8d obligations or undertakings on Lend81's part to partorm
<br />or discharge any of the terrllll or agraements contalnBd In the Leas... Should Lender lr1(:\Jr any liability, loss ar damage under the
<br />Lessee or under or by r8llSOI1 of th18 Asslgnment, or In the defen88 of any such claims or demands,the amount of suCh loss,
<br />Including any costs and expenses to the extant permitted by applicable law, shall be seeured by the Se(:\Jrlty Instrument. Leseor
<br />agl'llll8 to relmburse Lender Immediately upon demand for any such costs, and upon failure of Lessor 10 da so, Lender may
<br />a0C8leral8 and declare dUll all SUrllll owed to Lender under eny of the Obligations.
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<br />9. NOTICE TO TENANTS. A written demand by Lender 10 aie I8nants under the Lea... for the payment of Rents or written noUae
<br />of any defllult claimed by Lender .under the Leases shall be sumcl8nt notice 10 the I8l\8nts to make future payments of Rents
<br />dll1lClly to Lender and 10 cure any default under the L8asee wlthout the r18088lIlty of further consent by l.ee8cir. Leseor hereby
<br />rlIlePa the tenants from any liability for any Rln" peld 10 Lender or eny acUon taken by the I8nants at the direction of Lender after
<br />such wrltI8n notiae has been given.
<br />10. INDEPENDENT RIGHTS. This Asslgnment and the powers and rlghts granted are "paral8 and Independent from any
<br />obligation (:QI'\talned In the Se(:\Jrity lnatrument and mey be enforoedwilhout regard to whether Lender Institutes foreclosure
<br />prac:eedlnga under the Sec:urlty l(\CIII'Ument. This Assignment Is In addltlan 10 the Se(:\Jrlty Instrument and shall nat alfec:t, diminish
<br />or Impair the Se(:\Jrlty Instrument. However, the rlghts and euthorlty granted In this A8algnment may be exercI8ed In IlOnJunetlon
<br />with tha Security Inslrument
<br />11. MOOIFICA nON AND WAIVER. The modlllcalion or waiver of any of Lessor's obligetiOflS or Lender's rights under this
<br />Assignment must. ba IXlntslned In II wrlUng signed by Lender.. Lender may perform any of Leeeor'a obligations or delay or fall to
<br />exercise any of Its rights without causing a waiver of thOSll obligations or rights. A waiver on one occasion shan not constitute a
<br />waiver on any other CICCllSIan. Lessor's obligations under this Assignment shall not be a1fectad If Lender amende, camprornll88,
<br />exchanges, falls to exerclee, Impairs or rel8ll888 any of the obligations belonging 10 any Lessor or third party or any of Its rights
<br />egalnet any Lessor, third party or collal8ral.
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<br />12. NOTICES. Exaept as otherw188 required by law, eny noti\lll or uther IlOmmUnlcation 10 be provided under this Asslgnment shall
<br />be In writing and asnt 10 the partlas at the add_ Indicated In this Assignment or sud! other address as the parUlIS may
<br />deslgna'" In writing from time to time.
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<br />13. SEVERABIUTY. Whenever posslble. each provision of this AssIgnment shall be Interpreted 80 as to be valid and effective
<br />under applicable slate law. If any provision of thIS AssIgnment violates the law or Is unentoraeable, the reet of the Asslgnment shall
<br />remain valid.
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<br />14. COlLECTION COSTS. To the extent parmltted by law, Leaeor agrlllls 10 pay Lender's l1IaliOO8blefa8S and coats, Including,
<br />but not Um/ted 10, fa8S and costs of attorneys and other egante (InQludlng without llmltstion paralegal8, clerl<8 and consultants)
<br />whether or nat any attorney Is an employee of Lender, whlch are In(:\Jrred by Lender In IXlllecUng any amount due or enforclng
<br />any right or remed'r. under this Asslgnment. all whether ar not suit Is brought and Including, but not IImll8d 10, fa8S and coste
<br />Incurred on appea , In bankruptcy, and for poet-judgment IXlllecUon acUons.
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<br />15. MISCELLANEOUS.
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<br />s. A default by L88llOf under the tlInns of any of the Leases which would enUUe the tlInant thereunder 10 cancel or tennlnal8
<br />such Lease shall be deemed a default under this Assignment and under the Obligations and Sec:urlty Inatrument 80 long lIS,
<br />In Lender's opinion, such default results In the impairment of Lend81's se(:\Jrlty.
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<br />b. A vIoIatian by Leaeor of any of the IXlV8l\8nlB, representations or provisions contained In this AssIgnment shall be
<br />deemed iI default und8l' the I8rmlI of the Nol8 and Security Instrument.
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<br />c. This Assignment shall be binding upon and Inure to the benefit of leNaI' and Lender and their respective SUCClClS8Ol1l,
<br />llS8lgns, trustaes, 11I\l11lYers, admlnlatrators,personall1lPrllHnlaUves, legalllll8, and devl8eas.
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<br />d. This Asslgnment shall be governed by thelews of the slala Indicated In the address of the Premlsell. Unleee applicable law
<br />provtdee atherwlse, Lessor OOI\88I\te 10 the JurledlcUon of any aaurt sel8cl8d by Lender In Its sole dl8cr8tlon IociIIed In the
<br />statelndlcal8d In Lender's eddress In the event of any legsl pl'OOlllldlng under this ~gnment.
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<br />e. All references to Lessor In this Assignment shalllncludli ell parsons slgnlng below. If there Is more than 0118 Lessor, their
<br />obllgatiOl1S shall be Joint and several. This Asslgnment represenlB the camplel8 and Inl8gral8d understanding between
<br />Leeaor and Lender pertaining 10 the I8rmlI hereof.
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<br />18. JURY TRIAL WAIVER. LENDER AND Ll!SSOR HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION
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<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 />DATEO:ADrll ill ,noD
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<br />~~ cI <;{?&J/-.
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<br />NAbJ L RUST, MEMBER
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<br />'"T~/7! ~
<br />TIMOTHY M RUST,. ER
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<br />LESSOR:
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<br />LESSOR:
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<br />LESSOR:
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<br />LESSOR:
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<br />CCA12llp2EN (11105)
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