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201005956 <br />Section 3.3. INTENTIONALLY DELETED. <br />Section 3.4. INTENTIONALLY DELETED. <br />Section 3.5. CONDEMNATION. Borrower shall promptly give Lender notice of <br />the actual or threatened commencement of any condemnation or eminent domain proceeding <br />and shall deliver to Lender copies of any and all papers served in connection with such <br />proceedings. Lender is hereby irrevocably appointed as Borrower's attorney-in-fact coupled with <br />an interest, with exclusive powers to collect, receive and retain any award or payment for <br />any taking accomplished through a condemnation or eminent domain proceeding and <br />to make any compromise or settlement in connection therewith. All condemnation awards or <br />proceeds shall be either (a) paid to Lender for application against the Debt or (b) applied to <br />restoration of the Property in accordance with Section 4.3 hereof. Notwithstanding any taking by <br />any public or quasi-public authority through eminent domain or otherwise (including but not <br />limited to any transfer made in lieu of ar in anticipation of the exercise of such taking), Borrower <br />shall continue to pay the Debt at the time and in the manner provided for its payment in the Note <br />and in this Security Instrument and the Debt shall not be reduced until any award or payment <br />therefor shall have been actually received and applied by Lender, after the deduction of expenses <br />of collection, to the reduction or discharge of the Debt. Lender shall not be limited to the interest <br />paid on the award by the condemning authority but shall be entitled to receive out of the award <br />interest at the rate or rates provided herein or in the Note. Any award or payment to be applied to <br />the reduction ar discharge of the Debt or any portion thereof may be so applied whether or not the <br />Debt or such portion thereof is then due and payable. If the Property is sold, through foreclosure <br />ar otherwise, prior to the receipt by Lender of the award or payment, Lender shall have the <br />right, whether or not a deficiency judgment on the Note shall have been or may be sought, <br />recovered or denied, to receive the award or payment, or a portion thereof sufficient to pay the <br />Debt. <br />Section 3.6. LEASES AND RENTS. <br />(a) Borrower does hereby absolutely and unconditionally <br />assign to Lender, Borrower's right, title and interest in all current and future Leases and Rents, <br />it being intended by Borrower that this assignment constitutes a present, absolute assignment and <br />not an assignment for additional security only. Such assignment to Lender shall not be <br />construed to bind Lender to the performance of any of the covenants, conditions or provisions <br />contained in any such Lease or otherwise impose any obligation upon Lender. Borrower agrees to <br />execute and deliver to Lender such additional instruments, in form and substance satisfactory to <br />Lender, as may hereafter be requested by Lender to further evidence and confirm such <br />assignment. Nevertheless, subject to the terms of this Section 3.6, Lender grants to <br />Borrower a revocable license to operate and manage the Property and to collect the Rents. <br />Borrower shall hold the Rents, or a portion thereof sufficient to discharge all current sums <br />due on the Debt, in trust for the benefit of Lender for use in the payment of such sums. Upon <br />an Event of Default, without the need for notice or demand, the license granted to Borrower <br />herein shall automatically be revoked, and Lender shall immediately be entitled to possession <br />of all Rents, whether ar not Lender enters upon or takes control of the Property. Lender is <br />hereby granted and assigned by Borrower the right, at its option, upon revocation of the license <br />granted herein, to enter upon the Property in person, by agent or by court-appointed receiver <br />~osas3o~s 6 <br />