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<br />ASSIGNMENT OF RENTS
<br />AND LEASES
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<br />("Lender all Lessor's estate, right, Utle, interest, claim and demand now owned o� hereafter acquired in all exist(ng and future leases
<br />of the real property described in Schedule A{the "Premises") (includin extensions, renewals and subleases}, ail agreements for use
<br />and occupancy of tha Premises (all such leases and agreements whether wrftten or oral, are hereafter referred to as the "Leases°),
<br />and ali guaranties of lessees' performance under the Leases, together with the immediate and continuing right to collect and recelve
<br />all of the rents, income, receipts, revenues, issues, praflts and other income of any nature now or hereafter due (inciuding any income
<br />of any nature com(ng due during any redemption perioda under the leases or from or arising out of the Premises includirtg minimum
<br />rents, additional rents, percentage rents, parking or common area maintenance aontributions, tex and Insurance contributions,
<br />deficfency rents, liquidated damages following default in any Lease, all proceeds payable under any policy of insurance covering Ioss
<br />of rents resulting from untenantability caused by destructfon or damage to the Premises, all proceeds payable as a result of a lessee's
<br />exercise of an opt(on to purchase the Premises, etl proceeds derived from the termination or reJection of any Lease in a bankruptcy or
<br />other insolvency proceeding and ati proceeds from any rights and claims of any kind which Lessor may have against any lessee
<br />under the Leases or an ocxupants of the Premises (all of the above are hereafter collectively referred ta as the °RenY' or "Rents°).
<br />This Assignment is sub�ect ta the right, power and authorliy given to the Lender to crollect and apply the Rents. The Obli ations
<br />described above are aiso sacured by a mortgage or deed of trust to lender on the real property described in Schedule A�the °Secu�fty
<br />InstrumenY�. The foregoing Assignment is intended to be specffic, perfected, and choate upon the recording of the Security
<br />Instrument as provided by applicabls state iaw.
<br />2. COVENANTS OF LESSOR. Lessor covenartts and agrees that Lessor wili:
<br />a observe and perform all the obiigatians imposed upon the landlord under the Leases;
<br />b. refrain ftom d(scounUng any future Rents or exeauting any future assignment of the Leases or collect
<br />any Rents in advance without the wrritten consent of Lender;
<br />c. perform all necessary steps to maintain the security of the Leases for the benefit of Lender including, ff requested, the periodic
<br />submission to Lender of reports and accounting infomnation relating to the receipt of Rent payments;
<br />d. refrain from modifying or terminating any of the leases without the written consent of Lender;
<br />e. execute and deliver, at the request of Lender, any assurances and assignments with respect to the Leases as Lender may
<br />periodicaily require; and
<br />f. comply with all applicable federal, state and locat laws and regulations concerning the Premises, including but not Iimfted to
<br />all environmental laws, the Americans with Disabilities Act, and ali zoning and building laws.
<br />3. REPRESENTATIONS OF IESSOR. Lessor represents and warrants to Lender that:
<br />a. the tenants under the Leases are current fn all Rent payments and are not in default under the terms of any of the Leases;
<br />b. each of the Leases are vaiid and enforceable according to fts terms, and there are no claims or defenses presenUy e�stlng
<br />which could be asserted by any tenant under the Leases agalnst Lessor or any assignee of Lessor;
<br />c. no Rents or securiry deposits under any of the Leases have previously been assigned by Lessor to any party other than
<br />Lender;
<br />d. Lessor has not accepted, and will not accept, Rent in excess of one month in advance under any of the Leases;
<br />e. Lessor has the power and authority to execute thls Assignment; and
<br />f. Lessor has not performed any act or executed any instrument which might prevent Lender from collecting Re�ts and taking
<br />any other action under this Assignment.
<br />4. LESSOR MAY RECEIVE RENTS.
<br />cca126.uff
<br />As long as there is no defauR under the Obligations described above, the Security Instrument securing the Obligadons, or this
<br />Assignment, Lender grants Lessor a revoeable Ucense to collect ail Rents from the Leases when due and to use such proceeds
<br />in Lessor's business operatlons. However, Lender may at any time require L.essor to deposit all Rents iMO an account
<br />maintained by Lessor or Lender at Lender's institution.
<br />5. DEFAULT AND RHMEDIES.
<br />Upon default in the payment of, or in the performance of, any of the Obligations, Lender may at its option take possession of the
<br />Premises, wtthout becomtng a mortgagee in possession and have, hold, manage, lease and operate the Premises on terms and
<br />for a period of time that L.ender deems proper. Lender may praceed to cotlect and receive all Rents, and Lender shatl have full
<br />pawer periodicalty to make alterations, renovations, repafrs or replacements to the Premises as Lender may deem proper.
<br />Lender may apply all Rents, in Lender's sole discretion, taking and retaining possession of the Premises and the management
<br />and aperation of the Premises. Lender may keep the Premises properly insured and may discharge any taxes, charges, claims,
<br />assessments and other liens which may accrue. 1'he expense and cost of these acGons may be paid from the Rents received
<br />and any unpaid amounts shail be added to the principat of the Obligaitons. These amounts, together wfth other costs, shall
<br />become part of the i�debtedness secured by the Security instrument and for which this Assignment is gfven. �� '
<br />Page 1 of 3
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<br />1. ASSIGNMENT. In consideration of the loan of ftnanciai accommodation evidenced by the promissory note or agreement
<br />described above and alt other present and future evidences of indebtedness, obligations, agreements, instruments, guarantfes or
<br />otherwise of Bonower or Lessor (whether Incurred for the same or different purposes than the promissory note or agreement
<br />descrlbed above� and all renewais, extensions, amendments, madifica�ons, replacements or substitutions to any of the furegoing,
<br />(collscUvely the ObligaUons°) Lessor, identified above, absolutely assigns to ��„i,,,, Rwn� and Trusf C'om�ap�
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