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2oioo�is� <br />Remadies upon Default. IKnmediately upan the occurrence of an Event of Default under the Deed of Trust and the expiration of any <br />applicable cura period, Assignee is hereby expressly and irrevocably authorized ta enter and take possession of the Premises by <br />actual physical passession, or by written notice served personally upon, or sent by registered or certified mail, postage prepaid, ta <br />Assignor, as Assignee may elect, and no further authorization shall be required. Following aay such entry and taking possessian, <br />Assignea may: <br />A. Manage and operate the Premises or any part therevf; <br />B. Lease any part of parts of the Premises for such periods of time, and upon such terms and conditions as Assignee may, in its <br />discretion, deem proper; <br />C. �nforce any of the Leases; <br />D. Demand, collect, sue for, attach, levy, recover, receive, compromise and adjust, and make, execute and deliver receipts and <br />releases for all Rents that may then ar may thereafter become due, owing or payable with respect to the Premises, or any part <br />thereof, from any present or future lessees, tenants, subtenants or occupants thereof; <br />E. Institute, prosecute to completion or compromise and settle, all summary proceedings and actions for rents or for removing any <br />and all lessees, tenants, subtenants or occupants of the Premises ar any part or parts theraof; <br />F. Enforce or enjoin ar restrain the violation of any of the terms, provisions and conditions of any of the Leases; <br />G. Make such repairs and alterations to the Premises as Assignee may, in its discretion, deem proper; <br />H. Pay from and out af the Rents collected or from or out of any other funds, the insurance premiums and any other taxes, <br />assessments, water rates, sewcr rates or other governmental charges levied, assessed or imposed against the Premises or any <br />portion thereof, and also any and all other charges, costs and expenses which it may deem necessary or advisable far Assignee <br />to pay in tha management or operation of the Premises, including (without limiting the generality of any rights, powers, <br />privilages and authorities conferced in this Assignment) the costs of such repairs and alterations, commissions for renting the <br />Premises, or any portions thereof, and legal expenses in enforcing claims, preparing papers or for any other services that may <br />be required; and <br />Generally, do, execute and perform any other act, deed, matter or thing whatsoever that ought to be done, executed and <br />performed in and about or with respect to the Premises as fully as Assignor might do. <br />Assignee shall apply the net amounts of any Rents received by it from the Premises, after payment of proper costs and charges (including any <br />loss or damage hereinafter referred to in Section 8 hereo fl to the reduction and payment of the indebtedness evidenced by the Note and <br />secured by the Decd of Trust (the "Secured Indebtedness"). Assignor agrees not to seize or detain any property hereby assigned, transferred <br />ar set over to Assignee. <br />b. Disposition of Rents Upon Default. Assignar hereby irrevooably directs the tenants under the Leases upon demand and notice from <br />Assignee of any Event of Default, to pay to Assignee all Rents aceruing or due under the Leases from and after the receipt of such <br />d�mand and notice. 5uch tenants in making such payments to Assignee shall be under no obligation to inquire into or determine the <br />actual existence of any such �vent of Default claimed by Assignee. <br />7, Attornment. To the extent not pravided by applicable law, each Lease of the Premises or of any part thereof shall provide that in <br />the event of the enforcement by Assignee of the remedies provided for by law or by this Assignment, the tenant thereunder will, <br />upon request of any person succeeding to the interest of Assignor as a result of such enforcement, automatically become the tenant <br />af such successor-in-interest, without change in the terms or other provisions of such Lease; provided, however that the successor- <br />in-interest shall not be bound by: <br />A. Any payment of rent or additional rent for more than one (1) month in advance, except prepayments in the nature of security <br />for the performance by the tenant of its obligations under the Lease; or <br />B. Any amendment or modification of the Lease made without the consent of Assignee or such successor-in-interest. <br />Each Lease also shall provide that, upon request by the successor-in-interest, the tenant shall execute and deliver an instrument or instruments <br />can�rming such attornment. <br />8. Indemni�catian. Assignar hereby agrees to indemnify and hold Assignee harmless from and against any and all liabilities, losses, <br />darr►ages and expenses, including reasonable attorneys' fees, which it may incur under any af the Leases, or by reason of this <br />Assignment or by reason of any action taken by Assignee qr Assignor hereunder, and from and against any and all claims and <br />demands whatsoever which may be asserted against Assignee by reason of any alleged obligation or undertaking on its part to <br />perform or dischazge any of the terms, cavenants and conditions contained in any of the Leases. Should Assisnee incur any such <br />liabilities, losses, damages or expenses, the amount thereof, together with interest thereon at the rate set forth in the Nate, shall be <br />payable by Assignor to Assignee immediately upon demand therefore, or at the option of Assignee, Assignee may reimburse itself <br />therefor out of any Rents collected by Assignee. Nothing contained herein shall operate or be construed to obligate Assignee to <br />perform any of the terms, covenants and conditions cantained in any of the leases or oth�rwise to imposc any obligation upon <br />Assignee with respect to any of the Leases. This Assignment shall not operate to place upon Assignee any responsibiliry for the <br />operation, control, care, management or repair of the Premises, and the execution of this Assignment by Assignor shall canstitute <br />conclusive evidence that all responsibility for the operation, control, care, management and repair of the Premises is and shall be <br />that of Assignor. <br />Further Assurances. Assignor agrees to execute and deliver to Assi�nee, at any time ar times during which this Assignment shall be <br />in effect, such further instruments as Assignee may deem necessary to make effective or more effective this Assignment and the <br />covenants of Assignor herein contained. <br />10. No Waiver. Failure of Assignee to avail itself of any of the terms, covenants and conditions of this Assignment for any period of <br />time, or any time or times, shall not be construed or deemed tp be a waiver of any of its rights hereunder. The rights and remedies <br />of Assignee under this Assignment are cumulative and are not in lieu of, but in addition to, any other rights and remedies which <br />Assignee shall have under or by virtue of any of the Loan Documents. The rights and remedies of Assignee hereunder may be <br />exercisad from time to time and as often as such exercisc is deemed expedient. <br />l0.doc 2 <br />