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20110339�,
<br />6. APPOINTMENT OF RECEIVER. In the event of a default, Lender shall be ent(tled, without notice, without bond, and without
<br />regard to the adequacy of the col(ateral securing the Obtigations to the appointment of a receiver for the Premises. The recelver
<br />shall have, in addition to el{ the rights and powers Customarily given to and exercised by a receiver, all the rights and powers
<br />granted to Lender under the Security Instrument and thfs Assignment.
<br />7. POWER OF ATTORNEY. Lessor irrevocably authorizes Lender as Lessor's attomey-in-fact coupled with an interest, at Lender's
<br />option, upon taking possesslon of the Premises to lease or re-lease the Premises or any part thereof, to cancel and modify Leases,
<br />evict tenants, bring or defend any suits tn connectian wlth the possesslon of the Premises in the name of either party, make repairs as
<br />Lender deems appropriate and perform such othar acts in connection with the management and operation of the Premises as Lender
<br />may deem proper. The recetpt by Lender of any Rents under this Assignmeni after instftutlon of fareclosure proceedings under Yhe
<br />Security Instrument shall not cure any defau�t or affect such proceedings or sale which may be held as a result of such proceedings.
<br />8. BENEFICIAL INTEREST. Lender shall not tre obligated to perform or discharge any obligation, dury or Ilability under the Leases
<br />by reason af this Assignment. Lessor hereby agrees to indemnity Lender and to hold Lender harmless from any and all Ilablifty,
<br />loss or damage which Lender may incur under the Leases by reason of this Assignment and trom any and aU clalms and demands
<br />whatsoever whioh may be asserted against Lender by reason of any alleged obligations or undertakings on Lender's part to perform
<br />or discharge any of the terms or agreements contatned in the �eases. Shoutd Lender (ncur any liabll(ry, loss or damage under the
<br />Leases or under or by reason of this Ass(gnment, or in the defense of any such claims or demands, the amount of such toss,
<br />Incfuding any costs and expenses to the extent permitted by applicable lauv, shall be secured by the Securlty tnstrument. Lessor
<br />agrees to reimburse Lender immedtately upon demand for any such costs, and upon faiture of Lessor to do so, Lender may
<br />accelerate and declare due all sums owed to Lender under any of the ObUgatlons.
<br />S. NOTICE TO TENANTS. A written demand by Lender to the tenants under the Leases for the payment of Rents or written notice
<br />of any default claimed by Lender under the Leases shall be sufficient notice to the tenants to make future payments of Rents
<br />directiy to Lender and ta cure any default under the leases withaut the necessity of further consent by Lessor. Lessor hereby
<br />�eleases the tenanis from any Ifabiliry for any Rents paid to Lender or any action taken by the tenants at the direction of Lender after
<br />such written notice has been glven.
<br />10. INDEP�NDENT RtGHTS. This Assignment and the powers and rights granted ere separate and independeni from any '
<br />obligatfon contained in the Security Instrument and may be enforced without regard to whether Lender instRutes foreclosure
<br />proceedings under the Security Instrument. Thfs Asstgnment is in addidon to the Securiry Insirument and ehall nat affect, diminlsh
<br />or impair the Secur(ty Instrument. Howevar, the rights and authoHty granted in this Assignment may be exercised in conJunction
<br />with the Security instrument.
<br />11. MODIFICATION AND WAIVER. The modification or walver of any of Lessor's oblfgations or Lender`s rights under this
<br />Assignment must be oprttalned in a wrlting signad by Lender. Lender may parform any of Lessor's obligations or delay or fail to
<br />exercise any of fts rights without c�using a waiver of those obligabong or rights. A wafver on one occasfon shall not constitute a
<br />waiver on any other occasion. Lessor's abUgations urtder thls Asslgnment shall no! be affected if Lender amends, compromises,
<br />exchanges, faiis to exarcise, impairs o� releases any uf the obligations belonging to any Lessor or third party or any of its rights
<br />against any Lessor, third party or cottateral.
<br />12. NOTICES. F�ccept as othetwiae required by law, any notice or other communication to be provided under this Assignment shall
<br />be in writing and sent to tha partias at the addresses indicated in this Assignment or such oiher address as the partles may
<br />designate in writing from time to time.
<br />13. SEVERABtLITY. Whenever possible, each provision of thls Assignment shall be interpreted so as to be valid and effective
<br />under applicable state law. If any p�ovision of this Assignment violates the law or is unenforoeable, the rest of the Assignment shail
<br />remain vatid.
<br />14. COLLECTION COS7S. To the extent permitted by law, Lessor agress to pay Lender's reasonable fees and oosts, includ(ng,
<br />but not timited to, fees and costs of attorneys and other agents (including without Iimitation paralegals, cierks and consultants)
<br />whether or not any attomey is an employee of Lender, which are incurred by Lender in collecting any amount due or enforcing
<br />any right or remedy under this Asstgnment, all wheHier or not suft is brought and includirtg, but not Ilmfied to, fees and coets
<br />incuned on appeai, in Bankruptcy, and for post Judgment CollecUon actions.
<br />15. MISCEI,LAPIEOUS.
<br />a. A default by Lessor under the terms of any of the Leases which wouid entiUe the tenant thereunder to cancel or terminate
<br />such Lease shail be deemed a defauft under this Assignment and under the Otrligatfons and Securiry lnstrument so long as,
<br />in Lender's opinion, such defauit resuits in the impairment of Lender's securfty.
<br />b. A violation by Lessor of any of the covenants, representaUons or prov}sions contained in thls Assignment shall be
<br />deemed a default under the terms of the Note and Secu�ity instrument.
<br />a. This Assignment shall be binding upon and inure to the beneflt of Lessor and Lender and thelr respective successors,
<br />assigns, trustees, receivers, administrators, personal representat(ves, legatees, and devtsees,
<br />d. This Assignment shall be govemed by the laws of the state indicated ln the address of the Premises. Unless applicable law
<br />provides otherwise, Less�r consents to the Jurisdiction of any court selected 6y Lender in fts sole discretion located in the
<br />state Indicated in Lender's address in the event of any legal proceeding under this Assignment.
<br />e. Ail referencea to Lessar in this Assignment shall include all persons signing below. If there (s more than one I�essor, their
<br />oblfgaUons shail be joint and several. This Assignment represents tfie complete and integrated understending between
<br />Lessor and Lender pertaining to the terms hereof.
<br />16. JURY TRIAL WAIVER. LENDER AND LESSOR HEREBY WANE ANY RIGHT TO 7RIAL 8Y JURY IN ANY ClVIL ACTION
<br />ARiSiNG 8UT QF, OR BASED UPQPI, THIS ASSIGNMENT.
<br />17. ADDITIOPIAL TERINS.
<br />L.ESSQR ACKNOWLED(3ES THAT LESSOR HAS R�AD, UNpERSTANDS, AND AGREES TO THE TERMS AND CONDITIONS
<br />OF THIS ASSIGNMENT.
<br />DATED� 02, 2ot1
<br />ESSO : p ,� � LESSOR:
<br />'�/ `IJ
<br />Jef �y . Ikzle
<br />IESSOR: <���✓�'l. V LESSOR:
<br />Leslie T. Dale
<br />LESSOR:
<br />LESSOR:
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