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<br />B. APPOINTMENT OF RECENER. In the event of a default, Lender shall bej entitled, without notice, without bond, and without
<br />regard ~ the ad uacy of the collateral securing the Obligations to the appol mast of a receiver for the Premises. The receiver
<br />shall have, in addition to all the rights and powers customarily given to and ex~rcised by a receiver; all the rights and powers
<br />granted to Lender under'the Security Instrumem and this Assignment.
<br />7. POWER OF ATTORNEY. Lessor irrevocably authorizes Lender as Lesso~s attorney-in-fact coupled with an Interest, at Lender's
<br />option, upon taking possession of the Premises to lease or re-lease the Prem sea or any part thereof, to cancel and modify Leases,
<br />evict tenants, bring or defend any suits in connection with the possession aft a Premises in the name of either party, make repairs as
<br />Lender deems appropriate and perform such other acts in connection with th management and operation of the Premises as Lender
<br />may tleem proper. The receipt by Lender of any Rents under this Asslgnmen~ after institution of foreclosure proceedings under the
<br />Security Instrumem shall not cure any default or affect such proceedings ar sale which may be held as a result of such proceedings.
<br />8. BENEFICIAL INTEREST. L®nder shall not be obllpated to perform or discharge any obligation, duty or liability under the Leases
<br />by reason of this Assignment. Lessor hereby a rees to indemndy Lender an to hold Lander harmless from any and all liability,
<br />lass or damage which Lender may incur under the Leases by reason of this ~signment and from any and all claims and demands
<br />whatsoever which may be asserted against Lender by reason of any alleged pbligations ar undertakings on Lender's part to perform
<br />or discharge any of the terms or agreements contained in the Leases. 5houkN Lender incur any liability, loss or damage under the
<br />Leases or under or by reason of thrs Assignment, or in the defense of any su h claims or demands, the amount of such Toss,
<br />Including any costs and expenses to the extent permttted by applicable law, s all be secured b the Security Instrument. Lessor
<br />agrees to reimburse Lender Immediately upon demand for any such costs, a d upon failure of Lessor to do so, Lender may
<br />accelerate and declare due all sums owed tc Lendsr under any of the Oblige ans.
<br />9. NOTICE TO TENANTS. A written demand by Lender to the tenants undo the Leases for the pa mast of Rents or written notice
<br />of any default claimed by Lender under the Leases shall be auffident notice t the tenarns to make future payments of Rents
<br />directly to Lender and to cure an default under the Leases without the seta ity of further consent by Lessor. Lessor hereby
<br />releases the tenants from any liability for any Rents paid to Lender or any act on taken by the tenants at the direction of Lender after
<br />such written notice has been given.
<br />10. INDEPENDENT RIGHTS. This Assignmern and the powers and rights granted are separate and independent from any
<br />obligation contained in the Security Instrument and may be enforced wdhvut regard to whether Lender institutes foreclosure
<br />proceedings under the Security Instrument. This Assignment la In addition Wlthe Security Instrument and shall not affect, diminish
<br />or impair the Security Instrument. However, the rights and authority granted to this A~ignmern may be exercised in conjunction
<br />with the Security Instrument.
<br />11. MODIFICATION AND WAVER. The modification or waiver of any of Le ear's obligations or Lender's rights under this
<br />Assignment must be contained In a writing signed b Lender. Lender may p rtorrrr any of Lessor's obligations or delay ar fail to
<br />exercise any of its rights without causing a waiver of those vbligabons or rig A waiver on one occasion shall not constitute a
<br />waiver on any other occasion. Lessors obligations under this Assignment s all not be affected if Lender amends, compromises,
<br />exchanges, falls to exercise, impairs or releases any of the obligations halos ing to any Lessor or third party ar any of its rights
<br />against any Lessor, third party or collateral. ~
<br />12, NOTICES. Except as otherwise required by law, an note or other ca munication to be provided under this Assignment shall
<br />be in writing and sent to the parties at the addresses indicated In this Assign ern or such other address as the parties may
<br />designate in writing from time to time.
<br />13. SEVERA8ILITY. Whenever possible, each provision of this Assggnmen shall be Interpreted so as to 6e valid and effective
<br />under applicable state law. If any provision of this Assignment violates the I or Is unenforceable, the rest of the Assignmern shall
<br />remain valid.
<br />14. COLLECTION COSTS. To the extent permitted by law, Lessor agrees pay, Lender's reasonable fees and costs, including,
<br />but sat Ilmtted to, fees and costs of attorneys and other agents (Including wit out limitation paralegals, clerks and Consultants)
<br />whether ar not an attorney is an employee of Lender, which are incurred by Lander in collecting any amount due ar enforcing
<br />any right or remedy under this Assignment, all whether or not cult Is brought d including, but not Ilmked tc, fees and costs
<br />incurred on appeal, in bankruptcy, and far post-judgment collectinn actions.
<br />iS. MISCELLANEOUS.
<br />a. A default by Lessor under the terms of any of the Leases which woul entitle the tenant thereunder to cancel or terminate
<br />such Lease shall be deemed a default under this Assignment and u der the Obligations and Security Instrument so long as,
<br />in Lender's opinion, such default results in the impairment of Lendsr security.
<br />b. A violation by Lessor of any of the covenants, representaRlons or pre alone contained in this Assignment shall be
<br />deemed a default under the terms of the Note and Security Instrume t.
<br />c, This Assignment shall be binding upon and Inure to the benefit of Le or and Lender and their respective successors,
<br />assigns, trustees, receivers, administrators, personal representativ ,legatees, and devisees.
<br />d, This Assignment shall be governed by the laws of the state indicate in the address of the Premises. Unless applicable law
<br />provides otherwise, Lessor consents to the jurisdiction of any court acted by lender in its sole discretion located in the
<br />state Indicated in Lender's address in the event of any legal proceed ng under this Assignment.
<br />e. All references th Lessor in this Asafgnmern shall include all persona igning below. It there Is more than one Lassnr, their
<br />obligations shall be pIrn and several. This Assignment represents a complete and Integrated understanding between
<br />Lessor and Lender pertaining to the terms hereof.
<br />1B. JURY TRIAL WAVER. LENDER AND LESSOR HEREBY WAIVE AN RIGHT TO TRIAL BY JURY IN ANY CIVIL ACTION
<br />ARISING OUT OF, OR BASED UPON, THIS ASSIGNMENT.
<br />17. ADDITIONAL TERMS.
<br />LESSOR ACKNOWLEDGES THAT LESSOR HAS READ, UNQERST.
<br />OF THIS ASSIGNMENT.
<br />AND AQREES TO THE TERMS AND CONDITIONS
<br />DATED•
<br />LESSO
<br />PIIVAS
<br />LESSOR:
<br />LESSOR:
<br />LESSOR:
<br />PATRICTA PENAS
<br />LESSOR:
<br />LESSOR:
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