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200905831
<br />become due and payable as of the date hereof, there are no Leases except as have been provided
<br />to Bank affecting the Property;
<br />(d) to the best of Assignor's knowledge, there is no default now existing by
<br />Assignor or by any tenant under any of the Leases, except as may be described on any tenant
<br />estoppel certificate delivered to the Sank as of the date hereof;
<br />(e) Assignor has provided Bank true and correct copies of each of the Leases
<br />and all modifications and amendments thereto;
<br />(f) to the best of Assignor's knowledge, no lessee under the Leases has a
<br />defense, setoff or counterclaim against Assignor and as of the date hereof, there are no charges,
<br />liens, setoffs, off-sets, rebates, concessions, abatements, credits or deductions under the Leases
<br />or otherwise, against rents or other charges due or to become due thereunder, or claims by the
<br />lessees thereunder against the enforcement of any of the agreements, terms, covenants or
<br />conditions of the Leases or against Assignor in respect of the Leases, except as may be described
<br />on any tenant estoppel certificate delivered to Bank as of the date hereof;
<br />(g) except as described on any delinquency report or tenant estoppel
<br />certificate delivered to Bank as of the date hereof, all rent due to date under the Leases has been
<br />collected and no concession has been granted to any lessee in the form of a waiver, release,
<br />reduction, discount or other alteration of rent due or to become due; and
<br />(h) as of the date hereof, there are no Leases except as have been provided to
<br />Bank affecting the Property.
<br />4. Default and Remedies. Assignor further agrees with Bank as follows:
<br />(a) Upon or at any time after the occurrence of any Event of Default, Bank
<br />shall at once become entitled to the possession, use and enjoyment of the Property and the rents,
<br />issues and profits thereof, from the date of such occurrence and continuing during the pendency
<br />of any proceedings for sale by the public trustee or foreclosure proceedings, and the period of
<br />redemption, if any. Bank shall be entitled to a receiver for the Property, and of the rents, issues
<br />and profits thereof, after any such default, including, without limitation, the time covered by any
<br />proceedings for sale by the public trustee or foreclosure proceedings and the period of
<br />redemption, if any. Bank shall be entitled to such receiver as a matter of right, without regard to
<br />the solvency or insolvency of Assignor, or of the then owner of the Property, and without regard
<br />to the value thereof, and such receiver may be appointed by any court of competent jurisdiction
<br />upon ex parte application, and without notice, notice being hereby expressly waived, and all
<br />rents, issues and profits, income and revenue therefrom shall be applied. by such receiver to the
<br />payment of the Secured Obligations (as defined in the Deed of Trust) according to the orders and
<br />directions of the court, or in the absence of such orders or directions, in the manner set forth in
<br />(d) below.
<br />(b) Upon or at any time after the occurrence of any Event of Default, Bank
<br />may, at its option, without notice, and whether or not the indebtedness evidenced by the Note
<br />and. secured hereby shall have been declared due and payable, either in person or by agent, with
<br />or without bringing any action or proceeding, or by a receiver to be appointed by a court,
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