Common use of ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION Clause in Contracts

ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. I absolutely and unconditionally assigns and transfers to Lender all the rents and revenues (“Rents”) of the Property, regardless of to whom the Rents of the Property are payable. I authorize Xxxxxx or Xxxxxx’s agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender’s agents. However, I shall receive the Rents until (i) Lender has given Borrower notice of default pursuant this Security Instrument and (ii) Lender has given notice to the tenant(s) that the Rents are to be paid to Lender or Xxxxxx’s agent. This assignment of Rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notices of default to me: (i) all Rents received by me shall be held by me as trustee for the benefit of Lender only, to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents of the Property; (iii) I agree that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender’s agents upon Lender’s written demand to the tenant; (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender’s agents shall be applied first to the costs of taking control of and managing the Property and collecting the Rents, including, but not limited to, attorneys’ fees, receiver’s fees, premiums on receiver’s bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and then to the sums secured by the Security Instrument; (v) Lender, Lender’s agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security. If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by this Security Instrument. I represent and warrant that I have not executed any prior assignment of the Rents and have not performed, and will not perform, any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Xxxxxx’s agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to me. However, Xxxxxx, or Xxxxxx’s agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall terminate when all the sums secured by the Security Instrument are paid in full.

ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. I As part of the consideration for the indebtedness evidenced by the Note, Borrower hereby absolutely and unconditionally assigns and transfers to Lender all the rents and revenues (“Rents”) of the Property, including those now due, past due, or to become due by virtue of any lease or other agreement for the occupancy or use of all or any part of the Property, regardless of to whom the Rents rents and revenues of the Property are payable. I authorize Xxxxxx Borrower hereby authorizes Lender or Xxxxxx’s Lender's agents to collect the Rents, aforesaid rents and agrees that revenues and hereby directs each tenant of the Property shall to pay the Rents such rents to Lender or Lender’s 's agents. However; provided, I however, that prior to written notice given by Lender to Borrower of an Event of Default, Borrower shall collect and receive all rents and revenues of the Rents until (i) Property as trustee for the benefit of Lender has given Borrower notice of default pursuant this Security Instrument and (ii) Lender has given notice Borrower, to apply the rents and revenues so collected to the tenant(s) sums secured by this Instrument in any order determined by Lender, so long as no such Event of Default has occurred, to the account of Borrower, it being intended by Borrower and Lender that the Rents are to be paid to Lender or Xxxxxx’s agent. This this assignment of Rents rents constitutes an absolute assignment and not an assignment for additional security only. If Upon delivery of written notice by Lender gives notices to Borrower of default an Event of Default, and without the necessity of Lender entering upon and taking and maintaining full control of the Property in person, by agent or by a court-appointed receiver, Lender shall immediately be entitled to me: (ipossession of all rents and revenues of the Property as specified in this Section as the same become due and payable, including, but not limited to, rents then due and unpaid, and all such rents shall immediately upon delivery of such notice and during the continuance of such Event(s) all Rents received by me shall of Default be held by me Borrower as trustee for the benefit of Lender only; provided, however, that the written notice by Lender to be applied Borrower of such Event(s) of Default shall contain a statement that Lender exercises its rights to the sums secured such rents. Borrower agrees that commencing upon delivery of such written notice of Borrower's breach by the Security Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents of the Property; (iii) I agree that Borrower, each tenant of the Property shall make such rents payable to and pay all Rents due and unpaid such rents to Lender or Lender’s 's agents upon on Lender’s 's written demand to any tenant therefor, delivered to such tenant personally, by mail or by delivering such demand to the tenant; (iv) unless tenant at its location in the Property, without any liability on the part of said tenant to inquire further as to the existence of a default by Borrower. Borrower hereby covenants that Borrower has not executed any prior assignment of said rents, that Borrower has not performed, and will not perform, any acts or has not executed, and will not execute, any instrument which would prevent Lender from exercising its rights under this Section, and that at the time of execution of this Instrument there has been no anticipation or prepayment of any of the rents of the Property for more than one month prior to the due dates of such rents. Borrower covenants that Borrower will not hereafter collect or accept payment of any rents of the Property more than one month prior to the due dates of such rents. Borrower further covenants that Borrower will execute and deliver to Lender such further assignments of rents and revenues of the Property as Lender may from time to time request. Upon an Event of Default, or upon Borrower's breach of any material covenant of Borrower as landlord or lessor under any lease beyond applicable law provides otherwisenotice and cure periods, Lender shall be entitled to the appointment of a receiver for the Property, without notice to Borrower or any other person or entity and Lender may in person, by agent or by a court-appointed receiver, regardless of the adequacy of Lender's security, enter upon and take and maintain full control of the Property in order to perform all acts necessary and appropriate for the operation and maintenance thereof including, but not limited to, the execution, cancellation or modification of leases, the collection of all rents and revenues of the Property, the enforcement or fulfillment of any terms, condition or provision of any lease, the making of repairs to the Property and the execution or termination of contracts providing for the management or maintenance of the Property, all Rents on such terms as are deemed best to protect the security of this Instrument. In the event Lender elects to seek the appointment of a receiver for the Property upon Borrower's breach of any covenant or agreement of Borrower in this Instrument, Borrower hereby expressly consents to the appointment of such receiver. Lender or the receiver shall be entitled to receive a reasonable fee for so managing the Property. All rents and revenues collected subsequent to delivery of written notice by Lender or Lender’s agents to Borrower that an Event of Default has occurred and during the continuance of such Event of Default shall be applied first to the costs costs, if any, of taking control of and managing the Property and collecting the Rentsrents, including, but not limited to, attorneys’ attorney's fees, receiver’s 's fees, premiums on receiver’s 's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on costs of repairs to the Property, premiums on insurance policies, Taxes, and the costs of discharging any obligation or liability of Borrower as lessor or landlord of the Property and then to the sums secured by this Instrument. Lender or the Security Instrument; (v) Lender, Lender’s agents or any judicially appointed receiver shall have access to the books and records used in the operation and maintenance of the Property and shall be liable to account only for only those Rents rents actually received; and (vi) . Other than for Lender's gross negligence or willful misconduct under this Section, Lender shall not be entitled liable to have a receiver appointed to take possession of and manage Borrower, anyone claiming under or through Borrower or anyone having an interest in the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy by reason of the Property as securityanything done or left undone by Lender under this Section. If the Rents rents of the Property are not sufficient to cover meet the costs costs, if any, of taking control of and managing the Property and of collecting the Rents rents, any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by this Security InstrumentInstrument pursuant to Section 8 hereof. I represent Unless Lender and warrant that I have not executed any prior assignment Borrower agree in writing to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof and shall bear interest from the date of disbursement at the rate stated in the Note unless payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under applicable law. Any entering upon and taking and maintaining of control of the Rents Property by Lender or the receiver and have not performed, and will not perform, any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Xxxxxx’s agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to me. However, Xxxxxx, or Xxxxxx’s agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents rents as provided herein shall not cure or waive any default hereunder or invalidate any other right or remedy of LenderLender under applicable law or provided herein. This assignment of Rents rents of the Property shall terminate when all the sums secured at such time as this Instrument ceases to secure indebtedness held by the Security Instrument are paid in fullLender.

ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. I As part of the consideration for the indebtedness evidenced by the Note, Borrower hereby absolutely and unconditionally assigns and transfers to Lender all the rents and revenues (“Rents”) of the Property, including those now due, past due, or to become due by virtue of any lease or other agreement for the occupancy or use of all or any part of the Property, regardless of to whom the Rents rents and revenues of the Property are payable. I authorize Xxxxxx Borrower hereby authorizes Lender or XxxxxxLender’s agents to collect the Rents, aforesaid rents and agrees that revenues and hereby directs each tenant of the Property shall to pay the Rents such rents to Lender or Lender’s agents. However; provided, I however, that prior to written notice given by Lender to Borrower of the breach by Borrower of any covenant or agreement of Borrower in this Instrument or any other Loan Document, Borrower shall collect and receive all rents and revenues of the Rents until (i) Property as trustee for the benefit of Lender has given Borrower notice of default pursuant this Security Instrument and (ii) Lender has given notice shall apply the rents and revenues so collected to the tenant(s) sums secured by this Instrument as and when such sums are due in accordance with the Loan Documents, and thereafter, so long as no Event of Default has occurred, to the account of Borrower, it being intended by Borrower and Lender that the Rents are to be paid to Lender or Xxxxxx’s agent. This this assignment of Rents rents constitutes an absolute assignment and not an assignment for additional security only. If Upon the occurrence of an Event of Default and delivery of written notice by Lender gives notices to Borrower thereof, and without the necessity of default Lender entering upon and taking and maintaining full control of the Property in person, by agent or by a court-appointed receiver, Lender shall immediately be entitled to me: (i) possession of all Rents received by me rents and revenues of the Property as specified in this Section as the same become due and payable, including, but not limited to, rents then due and unpaid, and all such rents shall immediately upon delivery of such notice be held by me Borrower as trustee for the benefit of Lender only; provided, however, that the written notice by Lender to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all Borrower of the Rents occurrence of an Event of Default shall contain a statement that Lender exercises its rights to such rents. Borrower agrees that commencing upon delivery of such written notice of the Property; (iii) I agree that occurrence of an Event of Default by Lender to Borrower, each tenant of the Property shall make such rents payable to and pay all Rents due and unpaid such rents to Lender or Lender’s agents upon on Lender’s written demand to any tenant therefor, delivered to such tenant personally, by mail or by delivering such demand to the tenanttenant at its location in the Property, without any liability on the part of said tenant to inquire further as to the existence of a default by Borrower. Borrower hereby covenants that Borrower has not executed any prior assignment of said rents, that Borrower has not performed, and will not perform, any acts or has not executed, and will not execute, any instrument which would prevent Lender from exercising its rights under this Section, and that at the time of execution of this Instrument there has been no prepayment of any of the rents of the Property for more than one month prior to the due dates of such rents, except as disclosed in writing to Lender. Borrower covenants that Borrower will not hereafter collect or accept payment of any rents of the Property more than one month prior to the due dates of such rents; provided, however, that, notwithstanding the foregoing, Borrower shall be entitled to receive prepayments of rental under the Leases not to exceed ten percent (iv10%) unless applicable law provides otherwiseof the gross annual rental income of the Property. Borrower further covenants that Borrower will execute and deliver to Lender such further assignments of rents and revenues of the Property as Lender may from time to time request. Upon the occurrence of an Event of Default, Lender shall be entitled to the appointment of a receiver for the Property, without notice to Borrower or any other person or entity and Lender may in person, by agent or by a court-appointed receiver, regardless of the adequacy of Lender’s security, enter upon and take and maintain full control of the Property in order to perform all acts necessary and appropriate for the operation and maintenance thereof including, but not limited to, the execution, cancellation or modification of leases, the collection of all rents and revenues of the Property, the enforcement or fulfillment of any terms, condition or provision of any lease, the making of repairs to the Property and the execution or termination of contracts providing for the management or maintenance of the Property, all Rents on such terms as are deemed best to protect the security of this Instrument. In the event Lender elects to seek the appointment of a receiver for the Property upon the occurrence of an Event of Default, Borrower hereby expressly consents to the appointment of such receiver. Lender or the receiver shall be entitled to receive a reasonable fee for so managing the Property. All rents and revenues collected subsequent to delivery of written notice by Lender or Lender’s agents to Borrower of the occurrence of an Event of Default shall be applied first to the costs costs, if any, of taking control of and managing the Property and collecting the Rentsrents, including, but not limited to, attorneys’ reasonable attorney’s fees, receiver’s fees, premiums on receiver’s bonds, repair and maintenance costscosts of repairs to the Property, premiums on insurance premiumspolicies, taxes, assessments and other charges on the Property, and the costs of discharging any obligation or liability of Borrower as lessor or landlord of the Property and then to the sums secured by this Instrument. Lender or the Security Instrument; (v) Lender, Lender’s agents or any judicially appointed receiver shall have access to the books and records used in the operation and maintenance of the Property and shall be liable to account only for only those Rents rents actually received; and (vi) . Lender shall not be entitled liable to have a receiver appointed to take possession of and manage Borrower, anyone claiming under or through Borrower or anyone having an interest in the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy by reason of the Property as securityanything done or left undone by Lender under this Section. If the Rents rents of the Property are not sufficient to cover meet the costs costs, if any, of taking control of and managing the Property and of collecting the Rents rents, any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by this Security InstrumentInstrument pursuant to Section 8 hereof. I represent Unless Lender and warrant that I have not executed any prior assignment Borrower agree in writing to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof and shall bear interest from the date of disbursement at the rate stated in the Note unless payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under applicable law. Any entering upon and taking and maintaining of control of the Rents Property by Lender or the receiver and have not performed, and will not perform, any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Xxxxxx’s agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to me. However, Xxxxxx, or Xxxxxx’s agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents rents as provided herein shall not cure or waive any default hereunder or invalidate any other right or remedy of LenderLender under applicable law or provided herein. This assignment of Rents rents of the Property shall terminate when all the sums secured at such time as this Instrument ceases to secure indebtedness held by the Security Instrument are paid in fullLender.

ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. I As part of the consideration for the indebtedness evidenced by the Lease Agreement, Borrower hereby absolutely and unconditionally assigns and transfers to Lender all the rents and revenues (“Rents”) of the Property, including those now due, past due, or to become due by virtue of any lease or other agreement for the occupancy or use of all or any part of the Property, regardless of to whom the Rents rents and revenues of the Property are payable. I authorize Xxxxxx Borrower hereby authorizes Lender or XxxxxxLender’s agents to collect the Rents, aforesaid rents and agrees that revenues and hereby directs each tenant of the Property shall to pay the Rents such rents to Lender or Lender’s agents. However; provided, I shall receive the Rents until (i) Lender has given Borrower notice of default pursuant this Security Instrument and (ii) Lender has given notice however, that prior to the tenant(s) occurrence of any Event of Default beyond any applicable cure or grace periods set forth in the Lease Agreement, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower, to apply the rents and revenues so collected to the sums secured by this Instrument in the order provided in the Lease Agreement with the balance, so long as no such Event of Default has occurred and is continuing, to the account of Borrower, it being intended by Borrower and Lender that the Rents are to be paid to Lender or Xxxxxx’s agent. This this assignment of Rents rents constitutes an absolute assignment and not an assignment for additional security only. If Upon delivery of written notice by Lender gives notices to Borrower containing a statement that Lender exercises its rights to such rents (the “Assignment Notice”), which Assignment Notice may be delivered at any time during the continuance of default any Event of Default beyond any applicable cure or grace periods set forth in the Lease Agreement, and without the necessity of Lender entering upon and taking and maintaining full control of the Property in person, by agent or by a court-appointed receiver, Lender shall immediately be entitled to me: (i) possession of all Rents received by me rents and revenues of the Property as specified in this paragraph 26 as the same become due and payable, including but not limited to rents then due and unpaid, and all such rents shall immediately, upon the occurrence of any Event of Default beyond any applicable cure or grace periods set forth in the Lease Agreement, be held by me Borrower as trustee for the benefit of Lender only. Borrower agrees that commencing upon delivery of such Assignment Notice, to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents of the Property; (iii) I agree that each tenant of the Property shall make such rents payable to and pay all Rents due and unpaid such rents to Lender or Lender’s agents upon on Lender’s written demand to each tenant therefor, delivered to each tenant personally, by mail or by delivering such demand to each rental unit, without any liability on the tenant; (iv) unless part of said tenant to inquire further as to the existence of a default by Borrower. Borrower hereby covenants that Borrower has not executed any prior assignment of said rents, that Borrower has not performed, and will not perform, any acts or has not executed, and will not execute, any instrument which would prevent Lender from exercising its rights under this paragraph 26, and that at the time of execution of this Instrument there has been no anticipation or prepayment of any of the rents of the Property for more than one month prior to the due dates of such rents. Borrower covenants that Borrower will not hereafter collect or accept payment of any rents of the Property more than one month prior to the due dates of such rents. Borrower further covenants that Borrower will execute and deliver to Lender such further assignments of rents and revenues of the Property as Lender may from time to time request. During the continuance of any Event of Default beyond any applicable law provides otherwisecure or grace periods set forth in the Lease Agreement, Lender shall be entitled to the appointment of a receiver for the Property, without notice to Borrower or any other person or entity and Lender may in person, by agent or by a court appointed receiver, regardless of the adequacy of Lender’s security, enter upon and take and maintain full control of the Property in order to perform all acts necessary and appropriate for the operation and maintenance thereof including, but not limited to, the execution, cancellation or modification of leases, the collection of all rents and revenues of the Property, the making of repairs to the Property and the execution or termination of contracts providing for the management or maintenance of the Property, all Rents collected by on such terms as are deemed best to protect the security of this Instrument. In the event Lender elects to seek the appointment of a receiver for the Property during the continuance of any Event of Default beyond any applicable cure or grace periods set forth in the Lease Agreement, Borrower hereby expressly consents to the appointment of such receiver. Lender or Lender’s agents the receiver shall be entitled to receive a reasonable fee for so managing the Property. All rents and revenues collected subsequent to delivery of the Assignment Notice shall be applied first to the costs costs, if any, of taking control of and managing the Property and collecting the Rentsrents, including, but not limited to, attorneys’ attorney’s fees, receiver’s fees, premiums on receiver’s bonds, repair and maintenance costscosts of repairs to the Property, premiums on insurance premiumspolicies, taxes, assessments and other charges on the Property, and the costs of discharging any obligation or liability of Borrower as lessor or landlord of the Property and then to the sums secured by this Instrument. Lender or the Security Instrument; (v) Lender, Lender’s agents or any judicially appointed receiver shall have access to the books and records used in the operation and maintenance of the Property in the manner provided in Paragraph 28 of the Lease Agreement and shall be liable to account only for only those Rents rents actually received; and (vi) . Lender shall not be entitled liable to have a receiver appointed to take possession of and manage Borrower, anyone claiming under or through Borrower or anyone having an interest in the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy by reason of the Property as securityanything done or left undone by Lender under this paragraph 26. If the Rents rents of the Property are not sufficient to cover meet the costs costs, if any, of taking control of and managing the Property and of collecting the Rents rents, any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by this Security InstrumentInstrument pursuant to paragraph 8 hereof. I represent Unless Lender and warrant that I have not executed any prior assignment Borrower agree in writing to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof and shall bear interest from the date of disbursement at the rate stated in the Lease Agreement unless payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under applicable law. Any entering upon and taking and maintaining of control of the Rents Property by Lender or the receiver and have not performed, and will not perform, any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Xxxxxx’s agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to me. However, Xxxxxx, or Xxxxxx’s agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents rents as provided herein shall not cure or waive any default hereunder or invalidate any other right or remedy of LenderLender under applicable law or provided herein. This assignment of Rents rents of the Property shall terminate when all the sums secured at such time as this Instrument ceases to secure indebtedness held by the Security Instrument are paid in fullLender.

ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. I Grantor hereby absolutely and unconditionally assigns and transfers to Lender all the rents and revenues (“Rents”) of the Property, including those now due, past due, or to become due by virtue of any lease or other agreement for the occupancy or use of all or any part of the Property, regardless of to whom the Rents rents and revenues of the Property are payable. I authorize Xxxxxx Grantor hereby authorizes Lender or Xxxxxx’s Lender's agents to collect the Rents, aforesaid rents and agrees that revenues and hereby directs each tenant of the Property shall to pay the Rents such rents to Lender or Lender’s 's agents. However; provided, I however, that prior to written notice given by Lender to Grantor of the occurrence of an Event of Default and of Lender's demand that Grantor cease collection of such rents and revenues, Grantor shall collect and receive all rents and revenues of the Rents until (i) Property as trustee for the benefit of Lender has given Borrower and Grantor, to apply the rents and revenues so collected to the sums secured by this Instrument or guaranteed by the Guaranty in the order provided in the Master Agreement with the balance, so long as no such notice of default pursuant this Security Instrument Event of Default and (ii) Lender cessation has given notice occurred, to the tenant(s) account of Grantor, it being intended by Grantor and Lender that the Rents are to be paid to Lender or Xxxxxx’s agent. This this assignment of Rents rents constitutes an absolute assignment and not an assignment for additional security only. If Upon delivery of written notice by Lender gives notices to Grantor of default the occurrence of an Event of Default and of Lender's demand that Grantor cease collection of such rents and revenues, and without the necessity of Lender entering upon and taking and maintaining full control of the Property in person, by agent or by a court-appointed receiver, Lender shall immediately be entitled to me: (i) possession of all Rents received by me rents and revenues of the Property as specified in this paragraph 26 as the same become due and payable, including but not limited to rents then due and unpaid, and all such rents shall immediately upon delivery of such notice be held by me Grantor as trustee for the benefit of Lender only; provided, however, that the written notice by Lender to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all Grantor of the Rents occurrence of an Event of Default shall contain a statement that Lender exercises its rights to such rents. Grantor agrees that commencing upon delivery of such written notice of the Property; (iii) I agree that occurrence of an Event of Default by Lender to Grantor, each tenant of the Property shall make such rents payable to and pay all Rents due and unpaid such rents to Lender or Lender’s 's agents upon on Lender’s 's written demand to each tenant therefor, delivered to each tenant personally, by mail or by delivering such demand to each rental unit, without any liability on the tenant; part of said tenant to inquire further as to the existence of an Event of Default. Grantor hereby covenants that Grantor has not executed any prior assignment of said rents, that Grantor has not performed, and will not perform, any acts or has not executed, and will not execute, any instrument which would prevent Lender from exercising its rights under this paragraph 26, and that at the time of execution of this Instrument there has been no anticipation or prepayment of any of the rents of the Property for more than two months prior to the due dates of such rents. Grantor covenants that Grantor will not hereafter collect or accept payment of any rents of the Property more than two months prior to the due dates of such rents. Grantor further covenants that Grantor will execute and deliver to Lender such further assignments of rents and revenues of the Property as Lender may from time to time request. Upon the occurrence of an Event of Default, Lender may in person, by agent or by a court-appointed receiver, regardless of the adequacy of Lender's security, enter upon and take and maintain full control of the Property in order to perform all acts necessary and appropriate for the operation and maintenance thereof including, but not limited to, the execution, cancellation or modification of leases, the collection of all rents and revenues of the Property, the making of repairs to the Property and the execution or termination of contracts providing for the MARYLAND--Multifamily--1/77--FNMA/FHLMC UNIFORM INSTRUMENT FORM 4021 (ivpage 7 of 10 pages) unless applicable law provides otherwise, all Rents All rents and revenues collected subsequent to delivery of such written notice by Lender or Lender’s agents to Grantor of the occurrence of an Event of Default shall be applied first to the costs costs, if any, of taking control of and managing the Property and collecting the Rentsrents, including, but not limited to, attorneys’ attorney's fees, receiver’s 's fees, premiums on receiver’s 's bonds, repair and maintenance costscosts of repairs to the Property, premiums on insurance premiumspolicies, taxes, assessments and other charges on the Property, and the costs of discharging any obligation or liability of Grantor as lessor or landlord of the Property and then to the sums secured by this Instrument. Lender or the Security Instrument; (v) Lender, Lender’s agents or any judicially appointed receiver shall have access to the books and records used in the operation and maintenance of the Property and shall be liable to account only for only those Rents rents actually received; and (vi) . Lender shall not be entitled liable to have a receiver appointed to take possession of and manage Grantor anyone claiming under or through Grantor or anyone having an interest in the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy by reason of the Property as securityanything done or left undone by Lender under this paragraph 26. If the Rents rents of the Property are not sufficient to cover meet the costs costs, if any, of taking control of and managing the Property and of collecting the Rents rents, any funds expended by Lender for such purposes shall become indebtedness of Borrower Grantor to Lender secured by this Security InstrumentInstrument pursuant to paragraph 8 hereof. I represent Unless Lender and warrant that I have not executed any prior assignment Grantor agree in writing to other terms of payment, such amounts shall be payable upon notice from Lender to Grantor requesting payment thereof and shall bear interest from the date of disbursement at the rate stated in the Note for amounts advanced on such date unless payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Grantor under applicable law. Any entering upon and taking and maintaining of control of the Rents Property by Lender or the receiver and have not performed, and will not perform, any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Xxxxxx’s agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to me. However, Xxxxxx, or Xxxxxx’s agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents rents as provided herein shall not cure or waive any default hereunder or invalidate any other right or remedy of LenderLender under applicable law or provided herein. This assignment of Rents rents of the Property shall terminate when all the sums secured by the Security at such time as this Instrument are paid in full.is released. [THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK] MARYLAND--Multifamily--1/77--FNMA/FHLMC UNIFORM INSTRUMENT FORM 4021 (page 8 of 10 pages)

ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. I As part of the consideration for the indebtedness evidenced by the Note. Borrower hereby absolutely and unconditionally assigns and transfers to Lender all the rents and revenues (“Rents”) of the Property, including those now due, past due, or to become due by virtue of any lease or other agreement for the occupancy or use of all or any part of the Property, regardless of to whom the Rents rents and revenues of the Property are payable. I authorize Xxxxxx Borrower hereby authorizes Lender or Xxxxxx’s Lender's agents to collect the Rents, aforesaid rents and agrees that revenues and hereby directs each tenant of the Property shall to pay the Rents such rents to Lender or Lender’s 's agents. However; provided, I however, that prior to written notice given by Lender to Borrower of the breach by Borrower of any covenant or agreement of Borrower in this instrument, Borrower shall collect and receive all rents and revenues of the Rents until (i) Property as trustee for the benefit of Lender has given Borrower notice of default pursuant this Security Instrument and (ii) Lender has given notice Borrower, to apply the rents and revenues so collected to the tenant(s) sums secured by this Instrument in the order provided in paragraph 3 hereof with the balance, so long as no such breach has occurred, to the account of Borrower, it being intended by Borrower and Lender that the Rents are to be paid to Lender or Xxxxxx’s agent. This this assignment of Rents rents constitutes an absolute assignment and not an assignment for additional security only. If Upon delivery of written notice by Lender gives notices to Borrower of default the breach by Borrower of any covenant or agreement of Borrower in this Instrument, and without the necessity of Lender entering upon and taking and maintaining full control of the Property in person, by agent or by a court-appointed receiver, Lender shall immediately be entitled to me: (i) possession of all Rents received by me rents and revenues of the Property as specified in this paragraph 26 as the same become due and payable, including but not limited to rents then due and unpaid, and all such rents shall immediately upon delivery of such notice be held by me Borrower as trustee for the benefit of Lender only; provided, however, that the written notice by Lender to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all Borrower of the Rents breach by Borrower shall contain a statement that Lender exercises its rights to such rents. Borrower agrees that commencing upon delivery of the Property; (iii) I agree that such written notice of Borrower's breach by Lender to Borrower, each tenant of the Property shall make such rents payable to and pay all Rents due and unpaid such rents to Lender or Lender’s 's agents upon on Lender’s 's written demand to each tenant therefor, delivered to each tenant personally, by mail or by delivering such demand to each rental unit, without any liability on the tenant; (iv) unless applicable law provides otherwisepart of said tenant to inquire further as to the existence of a default by Borrower. Borrower hereby covenants that Borrower has not executed any prior assignment of said rents, that Borrower has not performed, and will not perform, any acts or has not executed, and will not execute, any instrument which would prevent Lender from exercising its rights under this paragraph 26, and that at the time of execution of this Instrument there has been no anticipation or prepayment of any of the rents of the Property for more than two months prior to the due dates of such rents. Borrower covenants that Borrower will not hereafter collect or accept payment of any rents of the Property more than two months prior to the due dates of such rents. Borrower further covenants that Borrower will execute and deliver to Lender such further assignments of rents and revenues of the Property as Lender may from time to time request. Upon Borrower's breach of any covenant or agreement of Borrower in this Instrument. Lender may in person, by agent or by a court-appointed receiver, regardless of the adequacy of Lender's security, enter upon and take and maintain full control of the Property in order to perform all acts necessary and appropriate for the operation and maintenance thereof including, but not limited to, the execution, cancellation or modification of leases, the collection of all rents and revenues of the Property, the making of repairs to the Property and the execution or termination of contracts providing for the management or maintenance of the Property, all Rents on such terms as are deemed best to protect the security of this Instrument. In the event Lender elects to seek the appointment of a receiver for the Property upon Borrower's breach of any covenant or agreement of Borrower in this Instrument, Borrower hereby expressly consents to the appointment of such receiver. Lender or the receiver shall be entitled to receive a reasonable fee for so managing the Property. All rents and revenues collected subsequent to delivery of written notice by Lender to Borrower of the breach by Borrower of any covenant or Lender’s agents agreement of Borrower in this Instrument shall be applied first to the costs costs, if any, of taking control of and managing the Property and collecting the Rentsrents, including, but not limited to, attorneys’ attorney's fees, receiver’s 's fees, premiums on receiver’s 's bonds, repair and maintenance costscosts of repairs to the Property, premiums on insurance premiumspolicies, taxes, assessments and other charges on the Property, and the costs of discharging any obligation or liability of Borrower as lessor or landlord of the Property and then to the sums secured by this Instrument. Lender or the Security Instrument; (v) Lender, Lender’s agents or any judicially appointed receiver shall have access to the books and records used in the operation and maintenance of the Property and shall be liable to account only for only those Rents rents actually received; and (vi) . Lender shall not be entitled liable to have a receiver appointed to take possession of and manage Borrower, anyone claiming under or through Borrower or anyone having an interest in the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy by reason of the Property as securityanything done or left undone by Lender under this paragraph 26. If the Rents rents of the Property are not sufficient suffcient to cover meet the costs costs, if any, of taking control of and managing the Property and of collecting the Rents rents, any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by this Security InstrumentInstrument pursuant to paragraph 8 hereof. I represent Unless Lender and warrant that I have not executed any prior assignment Borrower agree in writing to other terms of paymemt, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof and shall bear interest from the date of disbursement at the rate stated in the Note unless payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under applicable law. Any entering upon and taking and maintaining of control of the Rents Property by Lender or the receiver and have not performed, and will not perform, any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Xxxxxx’s agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to me. However, Xxxxxx, or Xxxxxx’s agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents rents as provided herein shall not cure or waive any default hereunder or invalidate any other right or remedy of LenderLender under applicable law or provided herein. This assignment of Rents rents of the Property shall terminate when all the sums secured at such time as this instrument ceases to secure indebtedness held by the Security Instrument are paid in full.Lender. UNIFORM COVENANTS - Multifamily - 1/77 - FNMA/FHLMC UNIFORM INSTRUMENT FORM 4044 (PAGE 6 OF 8 PAGES) NON-UNIFORM COVENANTS. BORROWER AND LENDER FURTHER COVENANT AND AGREE AS FOLLOWS: SEE SUPPLEMENTAL RIDER TO MULTIFAMILY INSTRUMENT

ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. I As part of the consideration for the indebtedness evidenced by the Note, Borrower hereby presently, absolutely and unconditionally assigns and transfers to Lender all the rents and revenues (“Rents”) of the Property, including those now due, past due, or to become due by virtue of any lease or other agreement for the occupancy or use of all or any part of the Property, regardless of to whom the Rents rents and revenues of the Property are payable. I authorize Xxxxxx Borrower hereby authorizes Lender or Xxxxxx’s Lender's agents to collect the Rents, aforesaid rents and agrees that revenues and hereby directs each tenant of the Property shall to pay the Rents such rents to Lender or Lender’s 's agents. However; provided, I however, that prior to written notice given by Lender to Borrower of an Event of Default, Borrower shall collect and receive all rents and revenues of the Rents until (i) Property as trustee for the benefit of Lender has given Borrower notice of default pursuant this Security Instrument and (ii) Lender has given notice Borrower, to apply the rents and revenues so collected to the tenant(s) sums secured by this Instrument as required by this Instrument, so long as no such Event of Default has occurred and is continuing, to the account of Borrower, it being intended by Borrower and Lender that the Rents are to be paid to Lender or Xxxxxx’s agent. This this assignment of Rents rents constitutes an absolute assignment and not an assignment for additional security only. If Upon delivery of written notice by Lender gives notices to Borrower of default an Event of Default, and without the necessity of Lender entering upon and taking and maintaining full control of the Property in person, by agent or by a court-appointed receiver, Borrower's license to me: (i) collect the rents and revenues shall immediately cease and terminate, and Lender shall immediately be entitled to possession of all Rents received by me rents and revenues of the Property as specified in this Section as the same become due and payable, including, but not limited to, rents then due and unpaid, and all such rents shall immediately upon delivery of such notice be held by me Borrower as trustee for the benefit of Lender only; provided, however, that the written notice by Lender to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all Borrower of the Rents breach by Borrower shall contain a statement that Lender exercises its rights to such rents. Borrower agrees that commencing upon delivery of the Property; (iii) I agree that such written notice of Borrower's Event of Default by Lender to Borrower, each tenant of the Property shall make such rents payable to and pay all Rents due and unpaid such rents to Lender or Lender’s 's agents upon on Lender’s 's written demand to the tenant; (iv) unless applicable law provides otherwiseany tenant therefor, all Rents collected delivered to such tenant personally, by Lender mail or Lender’s agents shall be applied first by delivering such demand to the costs of taking control of and managing the Property and collecting the Rents, including, but not limited to, attorneys’ fees, receiver’s fees, premiums on receiver’s bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on tenant at its location in the Property, and then to the sums secured by the Security Instrument; (v) Lender, Lender’s agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing liability on the part of said tenant to inquire further as to the inadequacy existence of the Property as securitya default by Borrower. If the Rents At such time, if any, that such Event of the Property are not sufficient Default is waived by Lender, Borrower's license to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes collect rents shall become indebtedness of be reinstated. Borrower to Lender secured by this Security Instrument. I represent and warrant hereby covenants that I have Borrower has not executed any prior assignment of the Rents and have said rents, that Borrower has not performed, and will not perform, any act that acts or has not executed, and will not execute, any instrument which would prevent Lender from exercising its rights under this paragraphSection, and that at the time of execution of this Instrument there has been no prepayment of any of the rents of the Property for more than one month prior to the due dates of such rents. LenderBorrower covenants that Borrower will not hereafter collect or accept payment of any rents of the Property more than one month prior to the due dates of such rents. Borrower further covenants that Borrower will execute and deliver to Lender such further assignments of rents and revenues of the Property as Lender may from time to time reasonably request. Borrower agrees that upon or at any time after (i) the occurrence of an Event of Default hereunder, under the Note or any other Loan Document and during the continuation thereof, or Xxxxxx’s agents (ii) the first publication of notice of sale for the foreclosure of this Instrument pursuant to Minnesota Statutes, Chapter 580, or (iii) the commencement of an action to foreclose this Instrument pursuant to Minnesota Statutes, Chapter 581, or (iv) the commencement of any period of redemption after foreclosure of this Instrument, Lender shall, in any such event, and at any such time, upon application to the District Court in the county where the Property or any part thereof is located, by an action separate from the foreclosure under Chapter 580, in the foreclosure action under Chapter 581 or by independent action (it being understood and agreed that the existence of a foreclosure under Chapter 580 or a judicially appointed receiverforeclosure action under Chapter 581 is not a prerequisite to any action for a receiver hereunder), be entitled to the appointment of a receiver for the rents, issues, profits and all other income of every kind which shall not accrue and be required to enter upon, take control owing for the use or occupation of or maintain the Property or any part thereof, whether before or after giving notice of default to me. However, Xxxxxxforeclosure, or Xxxxxx’s agents during the full statutory period of redemption, if any, upon a showing that Borrower has breached any covenant contained in this Instrument, the Note or a judicially appointed receiverthe Loan Agreement, may do so at including, without limitation, any time when a default occurs. Any application of Rents shall not cure or waive covenant relating to any default or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall terminate when all the sums secured by the Security Instrument are paid in full.following:

ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. I Grantor hereby absolutely and unconditionally assigns and transfers to Lender all the rents and revenues (“Rents”) of the Property, including those now due, past due, or to become due by virtue of any lease or other agreement for the occupancy or use of all or any part of the Property, regardless of to whom the Rents rents and revenues of the Property are payable. I authorize Xxxxxx Grantor hereby authorizes Lender or Xxxxxx’s Lender's agents to collect the Rents, aforesaid rents and agrees that revenues and hereby directs each tenant of the Property shall to pay the Rents such rents to Lender or Lender’s 's agents. However; provided, I however, that prior to written notice given by Lender to Grantor of the occurrence of an Event of Default and of Lender's demand that Grantor cease collection of such rents and revenues, Grantor shall collect and receive all rents and revenues of the Rents until (i) Property as trustee for the benefit of Lender has given Borrower and Grantor, to apply the rents and revenues so collected to the sums secured by this Instrument in the order provided in the Master Agreement with the balance, so long as no such notice of default pursuant this Security Instrument Event of Default and (ii) Lender cessation has given notice occurred, to the tenant(s) account of Grantor, it being intended by Grantor and Lender that the Rents are to be paid to Lender or Xxxxxx’s agent. This this assignment of Rents rents constitutes an absolute assignment and not an assignment for additional security only. If Upon delivery of written notice by Lender gives notices to Grantor of default the occurrence of an Event of Default and of Lender's demand that Grantor cease collection of such rents and revenues, and without the necessity of Lender entering upon and taking and maintaining full control of the Property in person, by agent or by a court-appointed receiver, Lender shall immediately be entitled to me: (i) possession of all Rents received by me rents and revenues of the Property as specified in this paragraph 26 as the same become due and payable, including but not limited to rents then due and unpaid, and all such rents shall immediately upon delivery of such notice be held by me Grantor as trustee for the benefit of Lender only; provided, however, that the written notice by Lender to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all Grantor of the Rents occurrence of an Event of Default shall contain a statement that Lender exercises its rights to such rents. Grantor agrees that commencing upon delivery of such written notice of the Property; (iii) I agree that occurrence of an Event of Default by Lender to Grantor, each tenant of the Property shall make such rents payable to and pay all Rents due and unpaid such rents to Lender or Lender’s 's agents upon on Lender’s 's written demand to each tenant therefor, delivered to each tenant personally, by mail or by delivering such demand to each rental unit, without any liability on the tenant; (iv) unless applicable law provides otherwisepart of said tenant to inquire further as to the existence of an Event of Default. Grantor hereby covenants that Grantor has not executed any prior assignment of said rents, that Grantor has not performed, and will not perform, any acts or has not executed, and will not execute, any instrument which would prevent Lender from exercising its rights under this paragraph 26, and that at the time of execution of this Instrument there has been no anticipation or prepayment of any of the rents of the Property for more than two months prior to the due dates of such rents. Grantor covenants that Grantor will not hereafter collect or accept payment of any rents of the Property more than two months prior to the due dates of such rents. Grantor further covenants that Grantor will execute and deliver to Lender such further assignments of rents and revenues of the Property as Lender may from time to time request. Upon the occurrence of an Event of Default, Lender may in person, by agent or by a court-appointed receiver, regardless of the adequacy of Lender's security, enter upon and take and maintain full control of the Property in order to perform all acts necessary and appropriate for the operation and maintenance thereof including, but not limited to, the execution, cancellation or modification of leases, the collection of all rents and revenues of the Property, the making of repairs to the Property and the execution or termination of contracts providing for the management or maintenance of the Property, all Rents on such terms as are deemed best to protect the security of this Instrument. In the event Lender elects to seek the appointment of a receiver for the Property upon the occurrence of an Event of Default, Grantor hereby expressly consents to the appointment of such receiver. Lender or the receiver shall be entitled to receive a reasonable fee for so managing the Property. MARYLAND--Multifamily--1/77--FNMA/FHLMC UNIFORM INSTRUMENT FORM 4021 (page 7 of 10 pages) All rents and revenues collected subsequent to delivery of such written notice by Lender or Lender’s agents to Grantor of the occurrence of an Event of Default shall be applied first to the costs costs, if any, of taking control of and managing the Property and collecting the Rentsrents, including, but not limited to, attorneys’ attorney's fees, receiver’s 's fees, premiums on receiver’s 's bonds, repair and maintenance costscosts of repairs to the Property, premiums on insurance premiumspolicies, taxes, assessments and other charges on the Property, and the costs of discharging any obligation or liability of Grantor as lessor or landlord of the Property and then to the sums secured by this Instrument. Lender or the Security Instrument; (v) Lender, Lender’s agents or any judicially appointed receiver shall have access to the books and records used in the operation and maintenance of the Property and shall be liable to account only for only those Rents rents actually received; and (vi) . Lender shall not be entitled liable to have a receiver appointed to take possession of and manage Grantor anyone claiming under or through Grantor or anyone having an interest in the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy by reason of the Property as securityanything done or left undone by Lender under this paragraph 26. If the Rents rents of the Property are not sufficient to cover meet the costs costs, if any, of taking control of and managing the Property and of collecting the Rents rents, any funds expended by Lender for such purposes shall become indebtedness of Borrower Grantor to Lender secured by this Security InstrumentInstrument pursuant to paragraph 8 hereof. I represent Unless Lender and warrant that I have not executed any prior assignment Grantor agree in writing to other terms of payment, such amounts shall be payable upon notice from Lender to Grantor requesting payment thereof and shall bear interest from the date of disbursement at the rate stated in the Note for amounts advanced on such date unless payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Grantor under applicable law. Any entering upon and taking and maintaining of control of the Rents Property by Lender or the receiver and have not performed, and will not perform, any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Xxxxxx’s agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to me. However, Xxxxxx, or Xxxxxx’s agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents rents as provided herein shall not cure or waive any default hereunder or invalidate any other right or remedy of LenderLender under applicable law or provided herein. This assignment of Rents rents of the Property shall terminate when all the sums secured by the Security at such time as this Instrument are paid in full.is released. 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ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. I As part of the consideration for the indebtedness evidenced by the Note, Borrower hereby absolutely and unconditionally assigns and transfers to Lender all the rents and revenues (“Rents”) of the Property, including those now due, past due, or to become due by virtue of any lease or other agreement for the occupancy or use of all or any part of the Property, regardless of to whom the Rents rents and revenues of the Property are payable. I authorize Xxxxxx Borrower hereby authorizes Lender or Xxxxxx’s Lender's agents to collect the Rents, aforesaid rents and agrees that revenues and hereby directs each tenant of the Property shall to pay the Rents such rents to Lender or Lender’s 's agents. However; provided, I however, that prior to written notice given by Lender to Borrower of the breach by Borrower of any covenant or agreement of Borrower in this Instrument, Borrower shall collect and receive all rents and revenues of the Rents until (i) Property as trustee for the benefit of Lender has given Borrower notice of default pursuant this Security Instrument and (ii) Lender has given notice Borrower, to apply the rents and revenues so collected to the tenant(s) sums secured by this Instrument in the order provided in paragraph 3 hereof with the balance, so long as no such breach has occurred, to the account of Borrower, it being intended by Borrower and Lender that the Rents are to be paid to Lender or Xxxxxx’s agent. This this assignment of Rents rents constitutes an absolute assignment and not an assignment for additional security only. If Upon delivery of written notice by Lender gives notices to Borrower of default the breach by Borrower of any covenant or agreement of Borrower in this Instrument, and without the necessity of Lender entering upon and taking and maintaining full control of the Property in person, by agent or by a court-appointed receiver, Lender shall immediately be entitled to me: (i) possession of all Rents received by me rents and revenues of the Property as specified in this paragraph 26 as the same become due and payable, including but not limited to rents then due and unpaid, and all such rents shall immediately upon delivery of such notice be held by me as trustee for the benefit Borrower shall contain a statement that Lender exercises its rights to such rents. Borrower agrees that commencing upon delivery of such written notice of Borrower's breach by Lender onlyto Borrower, to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents of the Property; (iii) I agree that each tenant of the Property shall make such rents payable to and pay all Rents due and unpaid such rents to Lender or Lender’s 's agents upon on Lender’s 's written demand to the tenant; (iv) unless applicable law provides otherwiseeach tenant therefor. Delivered to each tenant personally, all Rents collected by Lender mail or Lender’s agents shall be applied first by delivering such demand to the costs of taking control of and managing the Property and collecting the Rentseach rental unit, including, but not limited to, attorneys’ fees, receiver’s fees, premiums on receiver’s bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges without any liability on the Property, and then part of said tenant to the sums secured by the Security Instrument; (v) Lender, Lender’s agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing inquire further as to the inadequacy existence of the Property as securitya default by Borrower. If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by this Security Instrument. I represent and warrant hereby covenants that I have Borrower has not executed any prior assignment of said rents that remain effect as of the Rents and have date hereof, that Borrower has not performed, and will not perform, any act that acts or has not executed, and will not execute, any instrument which would prevent Lender from exercising its rights under this paragraph. Lenderparagraph 26, and that at the time of execution of this Instrument there has been no anticipation or Xxxxxx’s agents or a judicially appointed receiver, shall not be required to enter upon, take control prepayment of or maintain any of the Property before or after giving notice of default to me. However, Xxxxxx, or Xxxxxx’s agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents rents of the Property shall terminate when all for more than two months prior to the sums secured by due dates of such rents. Borrower covenants that Borrower will not hereafter collect or accept payment of any rents of the Security Instrument are paid in fullProperty more than two months prior to the due dates of such rents. Borrower further covenants that Borrower will execute and deliver to Lender such further assignments of rents and revenues of the Property as Lender may from time to time request.

ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. I As part of the consideration for the indebtedness evidenced by the Note, Borrower hereby absolutely and unconditionally assigns and transfers to Lender all the rents and revenues (“Rents”) of the Property, including those now due, past due, or to become due by virtue of any lease or other agreement for the occupancy or use of all or any part of the Property, regardless of to whom the Rents rents and revenues of the Property are payable. I authorize Xxxxxx Borrower hereby authorizes Lender or Xxxxxx’s Lender's agents to collect the Rents, aforesaid rents and agrees that revenues and hereby directs each tenant of the Property shall to pay the Rents such rents to Lender or Lender’s 's agents. However; provided, I however, that prior to written notice given by Lender to Borrower of the breach by Borrower of any covenant or agreement of Borrower in this Instrument, Borrower shall collect and receive all rents and revenues of the Rents until (i) Property as trustee for the benefit of Lender has given Borrower notice of default pursuant this Security Instrument and (ii) Lender has given notice Borrower, to apply the rents and revenues so collected to the tenant(s) sums secured by this Instrument in the order provided in paragraph 3 hereof with the balance, so long as no such breach has occurred, to the account of Borrower, it being intended by Borrower and Lender that the Rents are to be paid to Lender or Xxxxxx’s agent. This this assignment of Rents rents constitutes an absolute assignment and not an assignment for additional security only. If Upon delivery of written notice by Lender gives notices to Borrower of default the breach by Borrower of any covenant or agreement of Borrower in this Instrument, and without the necessity of Lender entering upon and taking and maintaining full control of the Property in person, by agent or by a court-appointed receiver, Lender shall immediately be entitled to me: (i) possession of all Rents received by me rents and revenues of the Property as specified in this paragraph 26 as the same become due and payable, including but not limited to rents then due and unpaid, and all such rents shall immediately upon delivery of such notice be held by me Borrower as trustee for the benefit of Lender only; provided, however, that the written notice by Lender to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all Borrower of the Rents breach by Borrower shall contain a statement that Lender exercises its rights to such rents. Borrower agrees that commencing upon delivery of the Property; (iii) I agree that such written notice of Borrower's breach by Lender to Borrower, each tenant of the Property shall make such rents payable to and pay all Rents due and unpaid such rents to Lender or Lender’s 's agents upon on Lender’s 's written demand to the tenant; (iv) unless applicable law provides otherwiseeach tenant therefor, all Rents collected delivered to each tenant personally, by Lender mail or Lender’s agents shall be applied first by delivering such demand to the costs of taking control of and managing the Property and collecting the Rentseach rental unit, including, but not limited to, attorneys’ fees, receiver’s fees, premiums on receiver’s bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges without any liability on the Property, and then part of said tenant to the sums secured by the Security Instrument; (v) Lender, Lender’s agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing inquire further as to the inadequacy existence of the Property as securitya default by Borrower. If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by this Security Instrument. I represent and warrant hereby covenants that I have Borrower has not executed any prior assignment of said rents that remain in effect as of the Rents and have date hereof that Borrower has not performed, and will not perform, any act that acts or has not executed, and will not execute, any instrument which would prevent Lender from exercising its rights under this paragraph. Lenderparagraph 26, and that at the time of execution of this Instrument there has been no anticipation or Xxxxxx’s agents or a judicially appointed receiver, shall not be required to enter upon, take control prepayment of or maintain any of the Property before or after giving notice of default to me. However, Xxxxxx, or Xxxxxx’s agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents rents of the Property shall terminate when all for more than two months prior to the sums secured by due dates of such rents. Borrower covenants that Borrower will not hereafter collect or accept payment of any rents of the Security Instrument are paid in fullProperty more than two months prior to the due dates of such rents. Borrower further covenants that Borrower will execute and deliver to Lender such further assignments of rents and revenues of the Property as Lender may from time to time request.

ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. I As part of the consideration for the indebtedness evidenced by the Note, Borrower hereby absolutely and unconditionally assigns and transfers to Lender all the rents and revenues (“Rents”) of the Property, including those now due, past due, or to become due by virtue of any lease or other agreement for the occupancy or use of all or any part of the Property, regardless of to whom the Rents rents and revenues of the Property are payable. I authorize Xxxxxx Borrower hereby authorizes Lender or Xxxxxx’s Lender's agents to collect the Rents, aforesaid rents and agrees that revenues and hereby directs each tenant of the Property shall to pay the Rents such rents to Lender or Lender’s 's agents. However; provided, I however, that prior to written notice given by Lender tro Borrower of the breach by Borrower of any covenant or agreement of Borrower to this Instrument, Borrower shall collect and receive all rents and revenues of the Rents until (i) Property as trustee for the benefit of Lender has given Borrower notice of default pursuant this Security Instrument and (ii) Lender has given notice Borrower, to apply the rents and revenues so collected to the tenant(s) sums secured by this Instrument in the order provided in paragraph 3 hereof with the balance, so long as no such breach has occurred, to the account of Borrower, it being intended by Borrower and Lender that the Rents are to be paid to Lender or Xxxxxx’s agent. This this assignment of Rents rents constitutes an the absolute assignment and not an assignment for additional security only. If Upon delivery of written notice by Lender gives notices to Borrower of default the breach by Borrower of any covenant or agreement of Borrower in this Instrument, and without the necessity of Lender entering upon and taking and maintaining full control of the Property in person, by agent or by a court-appointed receiver, Lender shall immediately be entitled to me: (i) possession of all Rents received by me rents and revenues of the Property as specified in this paragraph 26 as the same become due and payable, including but not limited to rents then due and unpaid, and all such rents shall immediately upon delivery of such notice be held by me Borrower as trustee for the benefit of Lender only; provided, however, that the written notice by Lender to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all Borrower of the Rents breach by Borrower shall contain a statement that Lender exercises its rights to such rents. Borrower agrees that commencing upon delivery of the Property; (iii) I agree that such written notice of Borrower's breach by Lender to Borrower, each tenant of the Property shall make such rents payable to and pay all Rents due and unpaid such rents to Lender or Lender’s 's agents upon on Lender’s 's written demand to the tenant; (iv) unless applicable law provides otherwiseeach tenant therefor, all Rents collected delivered to each tenant personally, by Lender mail or Lender’s agents shall be applied first by delivering such demand to the costs of taking control of and managing the Property and collecting the Rentseach rental unit, including, but not limited to, attorneys’ fees, receiver’s fees, premiums on receiver’s bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges without any liability on the Property, and then part of said tenant to the sums secured by the Security Instrument; (v) Lender, Lender’s agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing inquire further as to the inadequacy existence of the Property as securitya default by Borrower. If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by this Security Instrument. I represent and warrant hereby covenants that I have Borrower has not executed any prior assignment of the Rents and have said rents, that Borrower has not performed, and will not perform, any act that acts or has not executed, and will not execute, any instrument which would prevent Lender from exercising its rights under this paragraph. Lenderparagraph 26, and that at the time of exemption of this Instrument there has been no anticipation or Xxxxxx’s agents or a judicially appointed receiver, shall not be required to enter upon, take control prepayment of or maintain any of the Property before or after giving notice of default to me. However, Xxxxxx, or Xxxxxx’s agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents rents of the Property shall terminate when all for more than two months prior to the sums secured by due dates of such rents. Borrower covenants that Borrower will not hereafter collect or accept payment of any rents of the Security Instrument are paid in fullProperty more than two months prior to the due dates of such rents. Borrower further covenants that Borrower will execute and deliver to Lender such further assignments of rents and revenues of the Property as Lender may from time to time request.

ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. I As part of the consideration for the indebtedness evidenced by the Note, Borrower hereby absolutely and unconditionally assigns and transfers to Lender all the rents and revenues (“Rents”) of the Property, including those now due, past due or to become due by virtue of any lease or other agreement for the occupancy or use of all or any part of the Property, regardless of to whom the Rents rents and revenues of the Property are payable. I authorize Xxxxxx Borrower hereby authorizes Lender or Xxxxxx’s Lender's agents to collect the Rents, aforesaid rents and agrees that revenues and hereby directs each tenant of the Property shall to pay the Rents such rents to Lender or Lender’s 's agents. However; provided, I however, that prior to written notice given by Lender to Borrower of the breach by Borrower of any covenant or agreement of Borrower in this Instrument, Borrower shall collect and receive all rents and revenues of the Rents until (i) Property as trustee for the benefit of Lender has given Borrower notice of default pursuant this Security Instrument and (ii) Lender has given notice Borrower, to apply the rents and revenues so collected to the tenant(s) sums secured by this Instrument in the order provided in paragraph 3 hereof with the balance, so long as no such breach has occurred, to the account of Borrower, it being intended by Borrower and Lender that the Rents are to be paid to Lender or Xxxxxx’s agent. This this assignment of Rents rents constitutes an absolute assignment and not an assignment for additional security only. If Upon delivery of written notice by Lender gives notices to Borrower of default the breach by Borrower of any covenant or agreement of Borrower in this Instrument, and without the necessity of Lender entering upon and taking and maintaining full control of the Property in person, by agent or by a court-appointed receiver, Lender shall immediately be entitled to me: (i) possession of all Rents received by me rents and revenues of the Property as specified in this paragraph 26 as the same become due and payable, including but not limited to rents then due and unpaid, and all such rents shall immediately upon delivery of such notice be held by me Borrower as trustee for the benefit of Lender only; provided, however, that the written notice by Lender to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all Borrower of the Rents breach by Borrower shall contain a statement that Lender exercises its rights to such rents. Borrower agrees that commencing upon delivery of the Property; (iii) I agree that such written notice of Borrower's breach by Lender to Borrower, each tenant of the Property shall make such rents payable to and pay all Rents due and unpaid such rents to Lender or Lender’s 's agents upon on Lender’s 's written demand to the tenant; (iv) unless applicable law provides otherwiseeach tenant therefor, all Rents collected delivered to each tenant personally, by Lender mail or Lender’s agents shall be applied first by delivering such demand to the costs of taking control of and managing the Property and collecting the Rentseach rental unit, including, but not limited to, attorneys’ fees, receiver’s fees, premiums on receiver’s bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges without any liability on the Property, and then part of said tenant to the sums secured by the Security Instrument; (v) Lender, Lender’s agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing inquire further as to the inadequacy existence of a default by the Property as securityBorrower. If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by this Security Instrument. I represent and warrant hereby covenants that I have Borrower has not executed any prior assignment of said rents that remain in effect as of the Rents and have date hereof, that Borrower has not performed, and will not perform, any act that acts or has not executed, and will not execute, any instrument which would prevent Lender from exercising its rights under this paragraph. Lenderparagraph 26, and that at the time of execution of this Instrument there has been no anticipation or Xxxxxx’s agents or a judicially appointed receiver, shall not be required to enter upon, take control prepayment of or maintain any of the Property before or after giving notice of default to me. However, Xxxxxx, or Xxxxxx’s agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents rents of the Property shall terminate when all for more than two months prior to the sums secured by due dates of such rents. Borrower covenants that Borrower will not hereafter collect or accept payment of any rents of the Security Instrument are paid in fullProperty more than two months prior to the due dates of such rents. Borrower further covenants that Borrower will execute and deliver to Lender such further assignments of rents and revenues of the Property as Lender may from time to time request.

ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. I As part of the consideration for the indebtedness evidenced by the Note, subject to the rights of the holder of the First Deed of Trust, Borrower hereby absolutely and unconditionally assigns and transfers to Lender all the rents and revenues (“Rents”) of the Property, including those now due, past due, or to become due by virtue of any lease, license or other agreement for the occupancy or use of all or any part of the Property, regardless of to whom the Rents rents and revenues of the Property are payable. I authorize Xxxxxx Subject to the rights of the holder of the First Deed of Trust, Borrower hereby authorizes Lender or Xxxxxx’s Lender's agents to collect the Rents, aforesaid rents and agrees that revenues and hereby directs each tenant of the Property shall to pay the Rents such rents to Lender or Lender’s 's agents. However; provided, I however, that prior to written notice given by Lender to Borrower of the breach by Borrower of any covenant or agreement of Borrower in this Instrument, Borrower shall collect and receive all rents and revenues of the Rents until (i) Property as trustee for the benefit of Lender has given Borrower notice of default pursuant this Security Instrument and (ii) Lender has given notice Borrower, to apply the rents and revenues so collected to the tenant(s) sums secured by this Instrument in the order provided in paragraph 3 hereof with the balance, so long as no such breach has occurred, to the account of Borrower, it being intended by Borrower and Lender that the Rents are to be paid to Lender or Xxxxxx’s agent. This this assignment of Rents rents constitutes an absolute assignment and not an assignment for additional security only. If Upon delivery of written notice by Lender gives notices to Borrower of default to me: (i) all Rents received the breach by me shall be held by me as trustee for Borrower of any covenant or agreement of Borrower in this Instrument, and without the benefit necessity of Lender only, to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect entering upon and receive all of the Rents of the Property; (iii) I agree that each tenant taking and maintaining full control of the Property shall pay all Rents due and unpaid to Lender or Lender’s agents upon Lender’s written demand to the tenant; (iv) unless applicable law provides otherwisein person, all Rents collected by Lender or Lender’s agents shall be applied first to the costs of taking control of and managing the Property and collecting the Rents, including, but not limited to, attorneys’ fees, receiver’s fees, premiums on receiver’s bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and then to the sums secured by the Security Instrument; (v) Lender, Lender’s agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security. If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by this Security Instrument. I represent and warrant that I have not executed any prior assignment of the Rents and have not performed, and will not perform, any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Xxxxxx’s agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to me. However, Xxxxxx, or Xxxxxx’s agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall terminate when all the sums secured by the Security Instrument are paid in full.agent

ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. I As part of the consideration for the indebtedness evidenced by the Note, Borrower hereby absolutely and unconditionally assigns and transfers to Lender all the rents and revenues (“Rents”) of the Property, including those now due, past due, or to become due by virtue of any lease or other agreement for the occupancy or use of all or any part of the Property, regardless of to whom the Rents rents and revenues of the Property are payable. I authorize Xxxxxx Borrower hereby authorizes Lender or Xxxxxx’s Lender's agents to collect the Rents, aforesaid rents and agrees that revenues and hereby directs each tenant of the Property shall to pay the Rents such rents to Lender or Lender’s 's agents. However; provided, I however, that prior to written notice given by Lender to Borrower of an Event of Default, Borrower shall collect and receive all rents and revenues of the Rents until (i) Property as trustee for the benefit of Lender has given Borrower notice of default pursuant this Security Instrument and (ii) Lender has given notice Borrower, to apply the rents and revenues so collected to the tenant(s) sums secured by this Instrument in any order determined by Lender, so long as no such Event of Default has occurred, to the account of Borrower, it being intended by Borrower and Lender that the Rents are to be paid to Lender or Xxxxxx’s agent. This this assignment of Rents rents constitutes an absolute assignment and not an assignment for additional security only. If Upon delivery of written notice by Lender gives notices to Borrower of default an Event of Default, and without the necessity of Lender entering upon and taking and maintaining full control of the Property in person, by agent or by a court-appointed receiver, Lender shall immediately be entitled to me: (ipossession of all rents and revenues of the Property as specified in this Section as the same become due and payable, including, but not limited to, rents then due and unpaid, and all such rents shall immediately upon delivery of such notice and during the continuance of such Event(s) all Rents received by me shall of Default be held by me Borrower as trustee for the benefit of Lender only; provided, however, that the written notice by Lender to be applied Borrower of such Event(s) of Default shall contain a statement that Lender exercises its rights to the sums secured such rents. Borrower agrees that commencing upon delivery of such written notice of Borrower's breach by the Security Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents of the Property; (iii) I agree that Borrower, each tenant of the Property shall make such rents payable to and pay all Rents due and unpaid such rents to Lender or Lender’s 's agents upon on Lender’s 's written demand to any tenant therefor, delivered to such tenant personally, by mail or by delivering such demand to the tenant; (iv) unless tenant at its location in the Property, without any liability on the part of said tenant to inquire further as to the existence of" a default by Borrower. Borrower hereby covenants that Borrower has not executed any prior assignment of said rents, that Borrower has not performed, and will not perform, any acts or has not executed, and will not execute, any instrument which would prevent Lender from exercising its rights under this Section, and that at the time of execution of this Instrument there has been no anticipation or prepayment of any of the rents of the Property for more than one month prior to the due dates of such rents. Borrower covenants that Borrower will not hereafter collect or accept payment of any rents of the Property more than one month prior to the due dates of such rents. Borrower further covenants that Borrower will execute and deliver to Lender such further assignments of rents and revenues of the Property as Lender may from time to time request. Upon an Event of Default, or upon Borrower's breach of any material covenant of Borrower as landlord or lessor under any lease beyond applicable law provides otherwisenotice and cure periods, Lender shall be entitled to the appointment of a receiver for the Property, without notice to Borrower or any other person or entity and Lender may in person, -by agent or by a courtappointed receiver, regardless of the adequacy of Lender's security, enter upon and take and maintain full control of the Property in order to perform all acts necessary and appropriate for the operation and maintenance thereof including, but not limited to, the execution, cancellation or modification of leases, the collection of all rents and revenues of the Property, the enforcement or fulfillment of any terms, condition or provision of any lease, the making of repairs to the Property and the execution or termination of contracts providing for the management or maintenance of the Property, all Rents on such terms as are deemed best to protect the security of this Instrument. In the event Lender elects to seek the appointment of a receiver for the Property upon Borrower's breach of any covenant or agreement of Borrower in this Instrument, Borrower hereby expressly consents to the appointment of such receiver. Lender or the receiver shall be entitled to receive a reasonable fee for so managing the Property. All rents and revenues collected subsequent to delivery of written notice by Lender or Lender’s agents to Borrower that an Event of Default has occurred and during the continuance of such Event of Default shall be applied first to the costs costs, if any, of taking control of and managing the Property and collecting the Rentsrents, including, but not limited to, attorneys’ attorney's fees, receiver’s 's fees, premiums on receiver’s 's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on costs of repairs to the Property, premiums on insurance policies, Taxes, and the costs of discharging any obligation or liability of Borrower as lessor or landlord of the Property and then to the sums secured by this Instrument. Lender or the Security Instrument; (v) Lender, Lender’s agents or any judicially appointed receiver shall have access to the books and records used in the operation and maintenance of the Property and shall be liable to account only for only those Rents rents actually received; and (vi) . Other than for Lender's gross negligence or willful misconduct under this Section, Lender shall not be entitled liable to have a receiver appointed to take possession of and manage Borrower, anyone claiming under or through Borrower or anyone having an interest in the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy by reason of the Property as securityanything done or left undone by Lender under this Section. If the Rents rents of the Property are not sufficient to cover meet the costs costs, if any, of taking control of and managing the Property and of collecting the Rents rents, any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by this Security InstrumentInstrument pursuant to Section 8 hereof. I represent Unless Lender and warrant that I have not executed any prior assignment Borrower agree in writing to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof and shall bear interest from the date of disbursement at the rate stated in the Note unless payment of interest at such rate would be contrary to applicable law,. in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under applicable law. Any entering upon and taking and maintaining of control of the Rents Property by Lender or the receiver and have not performed, and will not perform, any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Xxxxxx’s agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to me. However, Xxxxxx, or Xxxxxx’s agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents rents as provided herein shall not cure or waive any default hereunder or invalidate any other right or remedy of LenderLender under applicable law or provided herein. This assignment of Rents rents of the Property shall terminate when all the sums secured at such time as this Instrument ceases to secure indebtedness held by the Security Instrument are paid in fullLender.

ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. I As part of the consideration for the indebtedness evidenced by the Note and as additional security for the Secured Obligations, Borrower hereby absolutely and unconditionally assigns and transfers to Lender all the rents and revenues (“Rents”) of the Property, including those now due, past due, or to become due by virtue of any lease or other agreement for the occupancy or use of all or any part of the Property, regardless of to whom the Rents rents and revenues of the Property are payable. I authorize Xxxxxx Borrower hereby authorizes Lender or Xxxxxx’s Lender's agents to collect the Rents, aforesaid rents and agrees that revenues and hereby directs each tenant of the Property shall to pay the Rents such rents to Lender or Lender’s 's agents. However; provided, I however, that prior to an Event of Default, Borrower shall have a revocable license to collect and receive all rents and revenues of the Rents until (i) Property as trustee for the benefit of Lender has given Borrower notice of default pursuant this Security Instrument and (ii) Lender has given notice shall apply the rents and revenues so collected to the tenant(s) sums secured by this Instrument as and when such sums are due in accordance with the Loan Documents, and thereafter, so long as no breach has occurred, to the account of Borrower, it being intended by Borrower and Lender that the Rents are to be paid to Lender or Xxxxxx’s agent. This this assignment of Rents rents, to the extent permitted by applicable law, constitutes an absolute assignment assignment. After an Event of Default the Borrower's revocable license to collect and receive rents as aforesaid shall be deemed automatically revoked without further notice, service, act or deed of Lender or any other person or entity, and without the necessity of Lender entering upon and taking and maintaining full control of the Property in person, by agent or by a court-appointed receiver, Lender shall immediately be entitled to possession of all rents and revenues of the Property as specified in this Section as the same become due and payable, including, but not an assignment for additional security only. If Lender gives notices limited to, rents then due and unpaid, and all such rents shall immediately upon such Event of default to me: (i) all Rents received by me shall Default be held by me Borrower as trustee for the benefit of Lender only. Borrower agrees that commencing upon and after such Event of Default, to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents of the Property; (iii) I agree that each tenant of the Property shall make such rents payable to and pay all Rents due and unpaid such rents to Lender or Lender’s 's agents upon on Lender’s 's written demand to any tenant therefor, delivered to such tenant personally, by mail or by delivering such demand to the tenant; (iv) unless applicable law provides otherwisetenant at its location in the Property, without any liability on the part of said tenant to inquire further as to the existence of a default by Borrower. Borrower hereby covenants that Borrower has not executed any prior assignment of said rents, that Borrower has not performed, and will not perform, any acts or has not executed, and will not execute, any instrument which would prevent Lender from exercising its rights under this Section, and that at the time of execution of this Instrument there has been no anticipation or prepayment of any of the rents of the Property for more than one month prior to the due dates of such rents. Borrower covenants that Borrower will not hereafter collect or accept payment of any rents of the Property more than one month prior to the due dates of such rents. Borrower further covenants that Borrower will execute and deliver to Lender such further assignments of rents and revenues of the Property as Lender may from time to time request. After an Event of Default, Lender shall be entitled to the appointment of a receiver for the Property, without notice to Borrower or any other person or entity and Lender may in person, by agent or by a court-appointed receiver, regardless of the adequacy of Lender's security, enter upon and take and maintain full control of the Property in order to perform all acts necessary and appropriate for the operation and maintenance thereof including, but not limited to, the execution, cancellation or modification of leases, the collection of all rents and revenues of the Property, the enforcement or fulfillment of any terms, condition or provision of any lease, the making of repairs to the Property and the execution or termination of contracts providing for the management or maintenance of the Property, all Rents on such terms as are deemed best to protect the security of this Instrument. In the event Lender elects to seek the appointment of a receiver for the Property upon Borrower's breach of any covenant or agreement of Borrower in this Instrument, Borrower hereby expressly consents to the appointment of such receiver. Lender or the receiver shall be entitled to receive a reasonable fee for so managing the Property. All rents and revenues collected subsequent to delivery of written notice by Lender to Borrower of the breach by Borrower of any covenant or Lender’s agents agreement of Borrower in this Instrument shall be applied first to the costs costs, if any, of taking control of and managing the Property and collecting the Rentsrents, including, but not limited to, attorneys’ attorney's fees, receiver’s 's fees, premiums on receiver’s 's bonds, repair and maintenance costscosts of repairs to the Property, premiums on insurance premiumspolicies, taxes, assessments and other charges on the Property, and the costs of discharging any obligation or liability of Borrower as lessor or landlord of the Property and then to the sums secured by this Instrument. Lender or the Security Instrument; (v) Lender, Lender’s agents or any judicially appointed receiver shall have access to the books and records used in the operation and maintenance of the Property and shall be liable to account only for only those Rents rents actually received; and (vi) . Lender shall not be entitled liable to have a receiver appointed to take possession of and manage Borrower, anyone claiming under or through Borrower or anyone having an interest in the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy by reason of the Property as securityanything done or left undone by Lender under this Section. If the Rents rents of the Property are not sufficient to cover meet the costs costs, if any, of taking control of and managing the Property and of collecting the Rents rents, any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by this Security InstrumentInstrument pursuant to Section 8 hereof. I represent Unless Lender and warrant that I have not executed any prior assignment Borrower agree in writing to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof and shall bear interest from the date of disbursement at the rate stated in the Note unless payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under applicable law. Any entering upon and taking and maintaining of control of the Rents Property by Lender or the receiver and have not performed, and will not perform, any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Xxxxxx’s agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to me. However, Xxxxxx, or Xxxxxx’s agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents rents as provided herein shall not cure or waive any default hereunder or invalidate any other right or remedy of LenderLender under applicable law or provided herein. This assignment of Rents rents of the Property shall terminate when all the sums secured at such time as this Instrument ceases to secure indebtedness held by the Security Instrument are paid in fullLender.

ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. I As part of the consideration for the indebtedness evidenced by the Note, Borrower hereby absolutely and unconditionally assigns and transfers to Lender all the rents and revenues (“Rents”) of the Property, including those now due, past due, or to become due by virtue of any lease or other agreement for the occupancy or use of all or any part of the Property, regardless of to whom the Rents rents and revenues of the Property are payable. I authorize Xxxxxx Borrower hereby authorizes Lender or XxxxxxLender’s agents to collect the Rents, aforesaid rents and agrees that revenues and hereby directs each tenant of the Property shall to pay the Rents such rents to Lender or Lender’s agents. However; provided, I however, that prior to written notice given by Lender to Borrower of the breach by Borrower of any covenant or agreement of Borrower in this Instrument or any other Loan Document, Borrower shall collect and receive all rents and revenues of the Rents until (i) Property as trustee for the benefit of Lender has given Borrower notice of default pursuant this Security Instrument and (ii) Lender has given notice Borrower, to apply the rents and revenues so collected to the tenant(s) sums secured by this Instrument in the order provided in paragraph 3 hereof with the balance, so long as no such breach has occurred, to the account of Borrower, it being intended by Borrower and Lender that the Rents are to be paid to Lender or Xxxxxx’s agent. This this assignment of Rents rents constitutes an absolute assignment and not an assignment for additional security only. If Upon delivery of written notice by Lender gives notices to Borrower of default the breach by Borrower of any covenant or agreement of Borrower in this Instrument, and without the necessity of Lender entering upon and taking and maintaining full control of the Property in person, by agent or by a court-appointed receiver, Lender shall immediately be entitled to me: (i) possession of all Rents received by me rents and revenues of the Property as specified in this paragraph 26 as the same become due and payable, including, but not limited to, rents then due and unpaid, and all such rents shall immediately upon delivery of such notice be held by me Borrower as trustee for the benefit of Lender only; provided, however, that the written notice by Lender to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all Borrower of the Rents breach by Borrower shall contain a statement that Lender exercises its rights to such rents. Borrower agrees that commencing upon delivery of the Property; (iii) I agree that such written notice of Borrower’s breach by Lender to Borrower, each tenant of the Property shall make such rents payable to and pay all Rents due and unpaid such rents to Lender or Lender’s agents upon on Lender’s written demand to each tenant therefor, delivered to each tenant personally, by mail or by delivering such demand to each retail store, without any liability on the tenant; (iv) unless applicable law provides otherwisepart of said tenant to inquire further as to the existence of a default by Borrower. Borrower hereby covenants that Borrower has not executed any prior assignment of said rents, that Borrower has not performed, and will not perform, any acts or has not executed, and will not execute, any instrument which would prevent Lender from exercising its rights under this paragraph 26, and that at the time of execution of this Instrument there has been no anticipation or prepayment of any of the rents of the Property for more than one month prior to the due dates of such rents. Borrower covenants that Borrower will not hereafter collect or accept payment of any rents of the Property more than one month prior to the due dates of such rents. Borrower further covenants that Borrower will execute and deliver to Lender such further assignments of rents and revenues of the Property as Lender may from time to time request. Upon Borrower’s breach of any covenant or agreement of Borrower in this Instrument, or upon Borrower’s breach of any material covenant of Borrower as landlord or lessor under any lease, Lender shall be entitled to the appointment of a receiver for the Property, without notice to Borrower or any other person or entity and Lender may in person, by agent or by a court-appointed receiver, regardless of the adequacy of Lender’s security, enter upon and take and maintain full control of the Property in order to perform all acts necessary and appropriate for the operation and maintenance thereof including, but not limited to, the execution, cancellation or modification of leases, the collection of all rents and revenues of the Property, the enforcement or fulfillment of any terms, condition or provision of any lease, the making of repairs to the Property and the execution or termination of contracts providing for the management or maintenance of the Property, all Rents on such terms as are deemed best to protect the security of this Instrument. In the event Lender elects to seek the appointment of a receiver for the Property upon Borrower’s breach of any covenant or agreement of Borrower in this Instrument, Borrower hereby expressly consents to the appointment of such receiver. Lender or the receiver shall be entitled to receive a reasonable fee for so managing the Property. All rents and revenues collected subsequent to delivery of written notice by Lender to Borrower of the breach by Borrower of any covenant or Lender’s agents agreement of Borrower in this Instrument shall be applied first to the costs costs, if any, of taking control of and managing the Property and collecting the Rentsrents, including, but not limited to, attorneys’ attorney’s fees, receiver’s fees, premiums on receiver’s bonds, repair and maintenance costscosts of repairs to the Property, premiums on insurance premiumspolicies, taxes, assessments and other charges on the Property, and the costs of discharging any obligation or liability of Borrower as lessor or landlord of the Property and then to the sums secured by this Instrument. Lender or the Security Instrument; (v) Lender, Lender’s agents or any judicially appointed receiver shall have access to the books and records used in the operation and maintenance of the Property and shall be liable to account only for only those Rents rents actually received; and (vi) . Lender shall not be entitled liable to have a receiver appointed to take possession of and manage Borrower, anyone claiming under or through Borrower or anyone having an interest in the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy by reason of the Property as securityanything done or left undone by Lender under this paragraph 26. If the Rents rents of the Property are not sufficient to cover meet the costs costs, if any, of taking control of and managing the Property and of collecting the Rents rents, any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by this Security InstrumentInstrument pursuant to paragraph 8 hereof. I represent Unless Lender and warrant that I have not executed any prior assignment Borrower agree in writing to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof and shall bear interest from the date of disbursement at the rate stated in the Note unless payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under applicable law. Any entering upon and taking and maintaining of control of the Rents Property by Lender or the receiver and have not performed, and will not perform, any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Xxxxxx’s agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to me. However, Xxxxxx, or Xxxxxx’s agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents rents as provided herein shall not cure or waive any default hereunder or invalidate any other right or remedy of LenderLender under applicable law or provided herein. This assignment of Rents rents of the Property shall terminate when all the sums secured at such time as this Instrument ceases to secure indebtedness held by the Security Instrument are paid in full.Lender. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:

ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. I (a) As part of the consideration for the Indebtedness, Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues (“Rents”) of the Property, regardless of to whom the Rents of the Property are payable. I authorize Xxxxxx or Xxxxxx’s agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender’s agents. However, I shall receive the Rents until (i) It is the intention of Borrower to establish a present, absolute and irrevocable transfer and assignment to Lender has given Borrower notice of default pursuant this Security Instrument all Rents and to authorize and empower Lender to collect and receive all Rents without the necessity of further action on the part of Borrower. (ii) Promptly upon request by Lender, Borrower agrees to execute and deliver such further assignments as Lender has given notice may from time to the tenant(s) that the Rents are to be paid to time require. Borrower and Lender or Xxxxxx’s agent. This intend this assignment of Rents constitutes to be immediately effective and to constitute an absolute present assignment and not an assignment for additional security only. If Lender gives notices (iii) For purposes of default giving effect to me: this absolute assignment of Rents, and for no other purpose, Rents will not be deemed to be a part of the Mortgaged Property. However, if this present, absolute and unconditional assignment of Rents is not enforceable by its terms under the laws of the Property Jurisdiction, then the Rents will be included as a part of the Mortgaged Property and it is the intention of Borrower that in this circumstance this Instrument create and perfect a Lien on Rents in favor of Lender, which Lien will be effective as of the date of this Instrument. (b) (i) Until the occurrence of an Event of Default, Lender hereby grants to Borrower a revocable license to collect and receive all Rents, to hold all Rents received by me shall be held by me as trustee in trust for the benefit of Lender onlyand to apply all Rents to pay the installments of interest and principal then due and payable under the Note and the other amounts then due and payable under the other Loan Documents, including Imposition Reserve Deposits, and to be applied pay the current costs and expenses of managing, operating and maintaining the Mortgaged Property, including utilities, Taxes and insurance premiums (to the sums secured by the Security Instrument; extent not included in Imposition Reserve Deposits), tenant improvements and other capital expenditures. (ii) Lender shall be entitled to collect So long as no Event of Default has occurred and receive all of is continuing, the Rents of remaining after application pursuant to the Property; preceding sentence may be retained by Borrower free and clear of, and released from, Lender's rights with respect to Rents under this Instrument. (iii) I agree that After the occurrence of an Event of Default, and during the continuance of such Event of Default, Borrower authorizes Lender to collect, xxx for and compromise Rents and directs each tenant of the Mortgaged Property shall to pay all Rents due and unpaid to Lender or Lender’s agents upon Lender’s written demand to the tenant; (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender’s agents shall be applied first to the costs of taking control of and managing the Property and collecting the Rents, including, but not limited to, attorneys’ feesor as directed by, receiver’s fees, premiums on receiver’s bonds, repair Lender. From and maintenance costs, insurance premiums, taxes, assessments and other charges on after the Propertyoccurrence of an Event of Default, and then to during the sums secured by the Security Instrument; (v) Lendercontinuance of such Event of Alabama Multifamily Mortgage, Lender’s agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession Assignment of and manage the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security. If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by this Security Instrument. I represent and warrant that I have not executed any prior assignment of the Rents and have not performed, and will not perform, any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Xxxxxx’s agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to me. However, Xxxxxx, or Xxxxxx’s agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall terminate when all the sums secured by the Security Instrument are paid in full.Agreement Page8

ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. I As part of the consideration for the indebtedness evidenced by the Note, Borrower hereby absolutely and unconditionally assigns and transfers to Lender all the rents and revenues (“Rents”) of the Property, including those now due, past due, or to become due by virtue of any lease or other agreement for the occupancy or use of all or any part of the Property, regardless of to whom the Rents rents and revenues of the Property are payable. I authorize Xxxxxx Borrower hereby authorizes Lender or Xxxxxx’s Lender's agents to collect the Rents, aforesaid rents and agrees that revenues and hereby directs each tenant of the Property shall to pay the Rents such rents to Lender or Lender’s 's agents. However, I provided, however, that prior to written notice given by Lender to Borrower of the breach by Borrower of any covenant or agreement of Borrower in this Instrument, Borrower shall collect and receive all rents and revenues of the Rents until (i) Property as trustee for the benefit of Lender has given Borrower notice of default pursuant this Security Instrument and (ii) Lender has given notice Borrower, to apply the rents and revenues so collected to the tenant(s) sums secured by this Instrument in the order provided in paragraph 3 hereof with the balance, so long as no such breach has occurred, to the account of Borrower, , it being intended by Borrower and Lender that the Rents are to be paid to Lender or Xxxxxx’s agent. This this assignment of Rents rents constitutes an absolute assignment and not an assignment for additional security only. If Upon delivery of written notice by Lender gives notices to Borrower of default the breach by Borrower of any covenant or agreement of Borrower in this Instrument, and without the necessity of Lender entering upon and taking and maintaining full control of the Property in person, by agent or by a counter-appointed receiver, Lender shall immediately be entitled to me: (i) possession of all Rents received by me rents and revenues of the Property as specified in this paragraph 26 of the same becoming due and payable, including but not limited to rents then due and unpaid, and all such rents shall immediately upon delivery of such notice be held by me Borrower as trustee for the benefit of Lender onlyonly provided, however, that the written notice by Lender to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all Borrower of the Rents breach by Borrower shall contain a statement that Lender exercises its rights to such rents. Borrower agrees that commencing upon delivery of the Property; (iii) I agree that such written notice of Borrower's breach by Lender to Borrower, each tenant of the Property shall make such rents payable to and pay all Rents due and unpaid such rent to Lender or Lender’s 's agents upon on Lender’s 's written demand to the tenant; (iv) unless applicable law provides otherwiseeach tenant therefor, all Rents collected delivered to each tenant personally, by Lender mail or Lender’s agents shall be applied first by delivering such demand to the costs of taking control of and managing the Property and collecting the Rentseach rental unit, including, but not limited to, attorneys’ fees, receiver’s fees, premiums on receiver’s bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges without any liability on the Property, and then part of said tenant to the sums secured by the Security Instrument; (v) Lender, Lender’s agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing inquire further as to the inadequacy existence of the Property as securitya default by Borrower. If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by this Security Instrument. I represent and warrant hereby covenants that I have Borrower has not executed any prior assignment of the Rents and have said rents, that Borrower has not performed, and will not perform, any act that acts or has not executed, and will not execute, any instrument which would prevent Lender from exercising its rights under this paragraph. Lenderparagraph 26, and that at the time of execution of this Instrument there has been no anticipation or Xxxxxx’s agents or a judicially appointed receiver, shall not be required to enter upon, take control prepayment of or maintain any of the Property before or after giving notice of default to me. However, Xxxxxx, or Xxxxxx’s agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents rents of the Property shall terminate when all for more than two months prior to the sums secured by due dates of such rents. Borrower covenants that Borrower will not hereafter collect or accept payment of any rents of the Security Instrument are paid in fullProperty more than two months prior to the due dates of such rents. Borrower further covenants that Borrower will execute and deliver to Lender such further assignments of rents and revenues of the Property as Lender may from time to time request.

ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. I (a) As part of the consideration for the Indebtedness, Borrower absolutely and unconditionally assigns and transfers to Lender all Rents. It is the rents intention of Borrower to establish a present, absolute and revenues (“Rents”) irrevocable transfer and assignment to Lender of all Rents and to authorize and empower Lender to collect and receive all Rents without the necessity of further action on the part of Borrower. Promptly upon request by Lender, Borrower agrees to execute and deliver such further assignments as Lender may from time to time require. After the occurrence of an Event of Default, Borrower authorizes Lender to collect, sue for and compromise Rents and directs each texxxt of the PropertyMortgaged Property to pay all Rents to, regardless of to whom the Rents of the Property are payable. I authorize Xxxxxx or Xxxxxx’s agents to collect the Rentsas directed by, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender’s agents. However, I shall until the occurrence of an Event of Default, Lender hereby grants to Borrower a revocable license to collect and receive all Rents, to hold all Rents in trust for the benefit of Lender and to apply all Rents to pay the installments of interest and principal then due and payable under the Note and the other amounts then due and payable under the other Loan Documents, including Imposition Deposits, and to pay the current costs and expenses of managing, operating and maintaining the Mortgaged Property, including utilities, Taxes and insurance premiums (to the extent not included in Imposition Deposits), tenant improvements and other capital expenditures. So long as no Event of Default has occurred and is continuing, the Rents until (i) Lender has given Borrower notice of default remaining after application pursuant this Security Instrument and (ii) Lender has given notice to the tenant(s) that preceding sentence may be retained by Borrower free and clear of, and released from, the Rents are to be paid to lien created by this Instrument. Borrower and Lender or Xxxxxx’s agent. This intend this assignment of Rents constitutes to be immediately effective and to constitute an absolute present assignment and not an assignment for additional security only. If From and after the occurrence of an Event of Default, and without the necessity of Lender gives notices entering upon and taking and maintaining control of default the Mortgaged Property directly, or by a receiver, Borrower's license to me: (i) collect Rents shall automatically terminate and Lender shall without notice be entitled to all Rents received by me as they become due and payable, including Rents then due and unpaid. Borrower shall pay to Lender upon demand all Rents to which Lender is entitled. At any time on or after the date of Lender's demand for Rents, Lender may give, and Borrower hereby irrevocably authorizes Lender to give, notice to all tenants of the Mortgaged Property instructing them to pay all Rents to Lender, no tenant shall be held by me obligated to inquire further as trustee for the benefit of Lender only, to be applied to the sums secured occurrence or continuance of an Event of Default, and no tenant shall be obligated to pay to Borrower any amounts which are actually paid to Lender in response to such a notice. Any such notice by the Security Instrument; (ii) Lender shall be entitled delivered to collect and receive all of the Rents of the Property; (iii) I agree that each tenant of the Property shall pay all Rents due and unpaid to Lender personally, by mail or Lender’s agents upon Lender’s written by delivering such demand to the tenant; (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender’s agents shall be applied first to the costs of taking control of and managing the Property and collecting the Rents, including, but not limited to, attorneys’ fees, receiver’s fees, premiums on receiver’s bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and then to the sums secured by the Security Instrument; (v) Lender, Lender’s agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as securityeach rental unit. If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by this Security Instrument. I represent and warrant that I have not executed any prior assignment of the Rents and have not performed, and will not perform, any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Xxxxxx’s agents or a judicially appointed receiver, shall not be required to enter upon, take control interfere with and shall cooperate with Lender's collection of or maintain the Property before or after giving notice of default to me. However, Xxxxxx, or Xxxxxx’s agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall terminate when all the sums secured by the Security Instrument are paid in fullsuch Rents.

ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. I As part of the consideration for the indebtedness evidenced by the Lease Agreement, Borrower hereby absolutely and unconditionally assigns and transfers to Lender all the rents and revenues (“Rents”) of the Property, including those now due, past due, or to become due by virtue of any lease or other agreement for the occupancy or use of all or any part of the Property, regardless of to whom the Rents rents and revenues of the Property are payable. I authorize Xxxxxx Borrower hereby authorizes Lender or Xxxxxx’s Lender's agents to collect the Rents, aforesaid rents and agrees that revenues and hereby directs each tenant of the Property shall to pay the Rents such rents to Lender or Lender’s 's agents. However; provided, I shall receive the Rents until (i) Lender has given Borrower notice of default pursuant this Security Instrument and (ii) Lender has given notice however, that prior to the tenant(s) occurrence of any Event of Default beyond any applicable cure or grace periods set forth in the Lease Agreement, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower, to apply the rents and revenues so collected to the sums secured by this Instrument in the order provided in the Lease Agreement with the balance, so long as no such Event of Default has occurred and is continuing, to the account of Borrower, it being intended by Borrower and Lender that the Rents are to be paid to Lender or Xxxxxx’s agent. This this assignment of Rents rents constitutes an absolute assignment and not an assignment for additional security only. If Upon delivery of written notice by Lender gives notices to Borrower containing a statement that Lender exercises its rights to such rents (the "ASSIGNMENT NOTICE"), which Assignment Notice may be delivered at any time during the continuance of default any Event of Default beyond any applicable cure or grace periods set forth in the Lease Agreement, and without the necessity of Lender entering upon and taking and maintaining full control of the Property in person, by agent or by a court-appointed receiver, Lender shall immediately be entitled to me: (i) possession of all Rents received by me rents and revenues of the Property as specified in this PARAGRAPH 26 as the same become due and payable, including but not limited to rents then due and unpaid, and all such rents shall immediately, upon the occurrence of any Event of Default beyond any applicable cure or grace periods set forth in the Lease Agreement, be held by me Borrower as trustee for the benefit of Lender only. Borrower agrees that commencing upon delivery of such Assignment Notice, to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents of the Property; (iii) I agree that each tenant of the Property shall make such rents payable to and pay all Rents due and unpaid such rents to Lender or Lender’s 's agents upon on Lender’s 's written demand to each tenant therefor, delivered to each tenant personally, by mail or by delivering such demand to each rental unit, without any liability on the tenant; (iv) unless part of said tenant to inquire further as to the existence of a default by Borrower. Borrower hereby covenants that Borrower has not executed any prior assignment of said rents, that Borrower has not performed, and will not perform, any acts or has not executed, and will not execute, any instrument which would prevent Lender from exercising its rights under this PARAGRAPH 26, and that at the time of execution of this Instrument there has been no anticipation or prepayment of any of the rents of the Property for more than one month prior to the due dates of such rents. Borrower covenants that Borrower will not hereafter collect or accept payment of any rents of the Property more than one month prior to the due dates of such rents. Borrower further covenants that Borrower will execute and deliver to Lender such further assignments of rents and revenues of the Property as Lender may from time to time request. During the continuance of any Event of Default beyond any applicable law provides otherwisecure or grace periods set forth in the Lease Agreement, Lender shall be entitled to the appointment of a receiver for the Property, without notice to Borrower or any other person or entity and Lender may in person, by agent or by a court appointed receiver, regardless of the adequacy of Lender's security, enter upon and take and maintain full control of the Property in order to perform all acts necessary and appropriate for the operation and maintenance thereof including, but not limited to, the execution, cancellation or modification of leases, the collection of all rents and revenues of the Property, the making of repairs to the Property and the execution or termination of contracts providing for the management or maintenance of the Property, all Rents collected by on such terms as are deemed best to protect the security of this Instrument. In the event Lender elects to seek the appointment of a receiver for the Property during the continuance of any Event of Default beyond any applicable cure or grace periods set forth in the Lease Agreement, Borrower hereby expressly consents to the appointment of such receiver. Lender or Lender’s agents the receiver shall be entitled to receive a reasonable fee for so managing the Property. All rents and revenues collected subsequent to delivery of the Assignment Notice shall be applied first to the costs costs, if any, of taking control of and managing the Property and collecting the Rentsrents, including, but not limited to, attorneys’ attorney's fees, receiver’s 's fees, premiums on receiver’s 's bonds, repair and maintenance costscosts of repairs to the Property, premiums on insurance premiumspolicies, taxes, assessments and other charges on the Property, and the costs of discharging any obligation or liability of Borrower as lessor or landlord of the Property and then to the sums secured by this Instrument. Lender or the Security Instrument; (v) Lender, Lender’s agents or any judicially appointed receiver shall have access to the books and records used in the operation and maintenance of the Property in the manner provided in Paragraph 28 of the Lease Agreement and shall be liable to account only for only those Rents rents actually received; and (vi) . Lender shall not be entitled liable to have a receiver appointed to take possession of and manage Borrower, anyone claiming under or through Borrower or anyone having an interest in the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy by reason of the Property as securityanything done or left undone by Lender under this PARAGRAPH 26. If the Rents rents of the Property are not sufficient to cover meet the costs costs, if any, of taking control of and managing the Property and of collecting the Rents rents, any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by this Security InstrumentInstrument pursuant to PARAGRAPH 8 hereof. I represent Unless Lender and warrant that I have not executed any prior assignment Borrower agree in writing to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof and shall bear interest from the date of disbursement at the rate stated in the Lease Agreement unless payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under applicable law. Any entering upon and taking and maintaining of control of the Rents Property by Lender or the receiver and have not performed, and will not perform, any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Xxxxxx’s agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to me. However, Xxxxxx, or Xxxxxx’s agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents rents as provided herein shall not cure or waive any default hereunder or invalidate any other right or remedy of LenderLender under applicable law or provided herein. This assignment of Rents rents of the Property shall terminate when all the sums secured at such time as this Instrument ceases to secure indebtedness held by the Security Instrument are paid in fullLender.

ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. I As part of the consideration for the indebtedness evidenced by the Note, Borrower hereby absolutely and unconditionally assigns and transfers to Lender all the rents and revenues (“Rents”) of the Property, including those now due, past due, or to become due by virtue of any lease or other agreement for the occupancy or use of all or any part of the Property, regardless of to whom the Rents rents and revenues of the Property are payable. I authorize Xxxxxx Borrower hereby authorizes Lender or Xxxxxx’s Lender's agents to collect the Rents, aforesaid rents and agrees that revenues and hereby directs each tenant of the Property shall to pay the Rents such rents to Lender or Lender’s 's agents. However; provided, I however, that prior to written notice given by Lender to Borrower of the breach by Borrower of any covenant or agreement of Borrower in this Instrument, Borrower shall collect and receive all rents and revenues of the Rents until (i) Property as trustee for the benefit of Lender has given Borrower notice of default pursuant this Security Instrument and (ii) Lender has given notice Borrower, to apply the rents and revenues so collected to the tenant(s) sums secured by this Instrument in the order provided in paragraph 3 hereof with the balance, so long as no such breach has occurred, to the account of Borrower, it being intended by Borrower and Lender that the Rents are to be paid to Lender or Xxxxxx’s agent. This this assignment of Rents rents constitutes an absolute assignment and not an assignment for additional security only. If Upon delivery of written notice by Lender gives notices to Borrower of default the breach by Borrower of any covenant or agreement of Borrower in this Instrument, and without the necessity of Lender entering upon and taking and maintaining full control of the Property in person, by agent or by a court-appointed receiver, Lender shall immediately be entitled to me: (i) possession of all Rents received by me rents and revenues of the Property as specified in this paragraph 26 as the same become due and payable, including but not limited to rents then due and unpaid, and all such rents shall immediately upon delivery or such notice be held by me Borrower as trustee for the benefit of Lender only; provided, however, that the written notice by Lender to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all Borrower of the Rents breach by Borrower shall contain a statement that Lender exercises its rights to such rents. Borrower agrees that commencing upon delivery of the Property; (iii) I agree that such written notice of Borrower's breach by Lender to Borrower, each tenant of the Property shall make such rents payable to and pay all Rents due and unpaid such rents to Lender or Lender’s 's agents upon on Lender’s 's written demand to the tenant; (iv) unless applicable law provides otherwiseeach tenant therefor, all Rents collected delivered to each tenant personally, by Lender mail or Lender’s agents shall be applied first by delivering such demand to the costs of taking control of and managing the Property and collecting the Rentseach rental unit, including, but not limited to, attorneys’ fees, receiver’s fees, premiums on receiver’s bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges without any liability on the Property, and then part of said tenant to the sums secured by the Security Instrument; (v) Lender, Lender’s agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing inquire further as to the inadequacy existence of the Property as securitya default by Borrower. If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by this Security Instrument. I represent and warrant hereby covenants that I have Borrower has not executed any prior assignment of the Rents and have said rents, that Borrower has not performed, and will not perform, any act that acts or has not executed, and will not execute, any Instrument which would prevent Lender from exercising its rights under this paragraph. Lenderparagraph 26, and that at the time of execution of this Instrument there has been no anticipation or Xxxxxx’s agents or a judicially appointed receiver, shall not be required to enter upon, take control prepayment of or maintain any of the Property before or after giving notice of default to me. However, Xxxxxx, or Xxxxxx’s agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents rents of the Property shall terminate when all for more than two months prior to the sums secured by due dates of such rents. Borrower covenants that Borrower will not hereafter collect or accept payment of any rents of the Security Instrument are paid in fullProperty more than two months prior to the due dates of such rents. Borrower further covenants that Borrower will execute and deliver to Lender such further assignments of rents and revenues of the Property as Lender may from time to time request.

ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. I As part of the consideration for the indebtedness evidenced by the Note, Borrower hereby absolutely and unconditionally assigns and transfers to Lender all the rents and revenues (“Rents”) of the Property, including those now due, past due, or to become due by virtue of any lease or other agreement for the occupancy or use of all or any part of the Property, regardless of to whom the Rents rents and revenues of the Property are payable. I authorize Xxxxxx Borrower hereby authorizes Lender or Xxxxxx’s Lender's agents to collect the Rents, aforesaid rents and agrees that revenues and hereby directs each tenant of the Property shall to pay the Rents such rents to Lender or Lender’s 's agents. However; provided, I however, that prior to written notice given by Lender to Borrower of the breach by Borrower of any covenant or agreement of Borrower in this Instrument or any other Loan Document, Borrower shall collect and receive all rents and revenues of the Rents until (i) Property as trustee for the benefit of Lender has given Borrower notice of default pursuant this Security Instrument and (ii) Lender has given notice Borrower, to apply the rents and revenues so collected to the tenant(s) sums secured by this Instrument in the order provided in PARAGRAPH 3 hereof with the balance, so long as no such breach has occurred, to the account of Borrower, it being intended by Borrower and Lender that the Rents are to be paid to Lender or Xxxxxx’s agent. This this assignment of Rents rents constitutes an absolute assignment and not an assignment for additional security only. If Upon delivery of written notice by Lender gives notices to Borrower of default the breach by Borrower of any covenant or agreement of Borrower in this Instrument, and without the necessity of Lender entering upon and taking and maintaining full control of the Property in person, by agent or by a court-appointed receiver, Lender shall immediately be entitled to me: (i) possession of all Rents received by me rents and revenues of the Property as specified in this PARAGRAPH 26 as the same become due and payable, including, but not limited to, rents then due and unpaid, and all such rents shall immediately upon delivery of such notice be held by me Borrower as trustee for the benefit of Lender only; provided, however, that the written notice by Lender to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all Borrower of the Rents breach by Borrower shall contain a statement that Lender exercises its rights to such rents. Borrower agrees that commencing upon delivery of the Property; (iii) I agree that such written notice of Borrower's breach by Lender to Borrower, each tenant of the Property shall make such rents payable to and pay all Rents due and unpaid such rents to Lender or Lender’s 's agents upon on Lender’s 's written demand to the each tenant therefor, delivered to each tenant personally, by mail or by delivering such demand to each tenant; (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender’s agents shall be applied first to the costs of taking control of and managing the Property and collecting the Rents, including, but not limited to, attorneys’ fees, receiver’s fees, premiums on receiver’s bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges without any liability on the Property, and then part of said tenant to the sums secured by the Security Instrument; (v) Lender, Lender’s agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing inquire further as to the inadequacy existence of the Property as securitya default by Borrower. If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by this Security Instrument. I represent and warrant hereby covenants that I have Borrower has not executed any prior assignment of the Rents and have said rents, that Borrower has not performed, and will not perform, any act that acts or has not executed, and will not execute, any instrument which would prevent Lender from exercising its rights under this paragraph. LenderPARAGRAPH 26, and that at the time of execution of this Instrument there has been no anticipation or Xxxxxx’s agents or a judicially appointed receiver, shall not be required to enter upon, take control prepayment of or maintain any of the Property before or after giving notice of default to me. However, Xxxxxx, or Xxxxxx’s agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents rents of the Property shall terminate when all for more than one month prior to the sums secured by the Security Instrument are paid in full.due dates of such

ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. I As part of the consideration for the indebtedness evidenced by the Note, Borrower hereby absolutely and unconditionally assigns and transfers to Lender all the rents and revenues (“Rents”) of the Property, including those now due, past due, or to become due by virtue of any lease or other agreement for the occupancy or use of all or any part of the Property, regardless of to whom the Rents rents and revenues of the Property are payable. I authorize Xxxxxx Borrower hereby authorizes Lender or Xxxxxx’s Lender's agents to collect the Rents, aforesaid rents and agrees that revenues and hereby directs each tenant of the Property shall to pay the Rents such rents to Lender or Lender’s 's agents. However; provided, I however, that prior to written notice given by Lender to Borrower of the breach by Borrower of any covenant or agreement of Borrower in this Instrument or any other Loan Document, Borrower shall collect and receive all rents and revenues of the Rents until (i) Property as trustee for the benefit of Lender has given Borrower notice of default pursuant this Security Instrument and (ii) Lender has given notice Borrower, to apply the rents and revenues so collected to the tenant(s) sums secured by this Instrument in the order provided in paragraph 3 hereof with the balance, so long as no such breach has occurred, to the account of Borrower, it being intended by Borrower and Lender that the Rents are to be paid to Lender or Xxxxxx’s agent. This this assignment of Rents rents constitutes an absolute assignment and not an assignment for additional security only. If Upon delivery of written notice by Lender gives notices to Borrower of default the breach by Borrower of any covenant or agreement of Borrower in this Instrument, and without the necessity of Lender entering upon and taking and maintaining full control of the Property in person, by agent or by a court-appointed receiver, Lender shall immediately be entitled to me: (i) possession of all Rents received by me rents and revenues of the Property as specified in this paragraph 26 as the same become due and payable, including, but not limited to, rents then due and unpaid, and all such rents shall immediately upon delivery of such notice be held by me Borrower as trustee for the benefit of Lender only; provided, however, that the written notice by Lender to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all Borrower of the Rents breach by Borrower shall contain a statement that Lender exercises its rights to such rents. Borrower agrees that commencing upon delivery of the Property; (iii) I agree that such written notice of Borrower's breach by Lender to Borrower, each tenant of the Property shall make such rents payable to and pay all Rents due and unpaid such rents to Lender or Lender’s 's agents upon on Lender’s 's written demand to the tenant; (iv) unless applicable law provides otherwiseeach tenant therefor, all Rents collected delivered to each tenant personally, by Lender mail or Lender’s agents shall be applied first by delivering such demand to the costs of taking control of and managing the Property and collecting the Rentseach retail store, including, but not limited to, attorneys’ fees, receiver’s fees, premiums on receiver’s bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges without any liability on the Property, and then part of said tenant to the sums secured by the Security Instrument; (v) Lender, Lender’s agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing inquire further as to the inadequacy existence of the Property as securitya default by Borrower. If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by this Security Instrument. I represent and warrant hereby covenants that I have Borrower has not executed any prior assignment of the Rents and have said rents, that Borrower has not performed, and will not perform, any act that acts or has not executed, and will not execute, any instrument which would prevent Lender from exercising its rights under this paragraph. Lenderparagraph 26, and that at the time of execution of this Instrument there has been no anticipation or Xxxxxx’s agents or a judicially appointed receiver, shall not be required to enter upon, take control prepayment of or maintain any of the Property before or after giving notice of default to me. However, Xxxxxx, or Xxxxxx’s agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents rents of the Property shall terminate when all for more than one month prior to the sums secured by due dates of such rents. Borrower covenants that Borrower will not hereafter collect or accept payment of any rents of the Security Instrument are paid in fullProperty more than one month prior to the due dates of such rents. Borrower further covenants that Borrower will execute and deliver to Lender such further assignments of rents and revenues of the Property as Lender may from time to time request.

ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. I As part of the consideration for the indebtedness evidenced by the Note, Borrower hereby absolutely and unconditionally assigns and transfers to Lender all the rents and revenues (“Rents”) of the Property, including those now due, past due, or to become due by virtue of any lease or other agreement for the occupancy or use of all or any part of the Property, regardless of to whom the Rents rents and revenues of the Property are payable. I authorize Xxxxxx Borrower hereby authorizes Lender or Xxxxxx’s Lender's agents to collect the Rents, aforesaid rents and agrees that revenues and hereby directs each tenant of the Property shall to pay the Rents such rents to Lender or Lender’s 's agents. However; provided, I however, that prior to written notice given by Lender to Borrower of an Event of Default, Borrower shall collect and receive all rents and revenues of the Rents until (i) Property as trustee for the benefit of Lender has given Borrower notice of default pursuant this Security Instrument and (ii) Lender has given notice Borrower, to apply the rents and revenues so collected to the tenant(s) sums secured by this Instrument in any order determined by Lender, so long as no such Event of Default has occurred, to the account of Borrower, it being intended by Borrower and Lender that the Rents are to be paid to Lender or Xxxxxx’s agent. This this assignment of Rents rents constitutes an absolute assignment and not an assignment for additional security only. If Upon delivery of written notice by Lender gives notices to Borrower of default an Event of Default, and without the necessity of Lender entering upon and taking and maintaining full control of the Property in person, by agent or by a court-appointed receiver, Lender shall immediately be entitled to me: (ipossession of all rents and revenues of the Property as specified in this Section as the same become due and payable, including, but not limited to, rents then due and unpaid, and all such rents shall immediately upon delivery of such notice and during the continuance of such Event(s) all Rents received by me shall of Default be held by me Borrower as trustee for the benefit of Lender only; provided, however, that the written notice by Lender to be applied Borrower of such Event(s) of Default shall contain a statement that Lender exercises its rights to the sums secured such rents. Borrower agrees that commencing upon delivery of such written notice of Borrower's breach by the Security Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents of the Property; (iii) I agree that Borrower, each tenant of the Property shall make such rents payable to and pay all Rents due and unpaid such rents to Lender or Lender’s 's agents upon on Lender’s 's written demand to any tenant therefor, delivered to such tenant personally, by mail or by delivering such demand to the tenant; (iv) unless tenant at its location in the Property, without any liability on the part of said tenant to inquire further as to the existence of a default by Borrower. Borrower hereby covenants that Borrower has not executed any prior assignment of said rents, that Borrower has not performed, and will not perfoiin, any acts or has not executed, and will not execute, any instrument which would prevent Lender from exercising its rights under this Section, and that at the time of execution of this Instrument there has been no anticipation or prepayment of any of the rents of the Property for more than one month prior to the due dates of such rents. Borrower covenants that Borrower will not hereafter collect or accept payment of any rents of the Property more than one month prior to the due dates of such rents. Borrower further covenants that Borrower will execute and deliver to Lender such further assignments of rents and revenues of the Property as Lender may from time to time request. Upon an Event of Default, or upon Borrower's breach of any material covenant of Borrower as landlord or lessor under any lease beyond applicable law provides otherwisenotice and cure periods, Lender shall be entitled to the appointment of a receiver for the Property, without notice to Borrower or any other person or entity and Lender may in person, by agent or by a courtappointed receiver, regardless of the adequacy of Lender's security, enter upon and take and maintain full control of the Property in order to perfoi in all acts necessary and appropriate for the operation and maintenance thereof including, but not limited to, the execution, cancellation or modification of leases, the collection of all rents and revenues of the Property, the enforcement or fulfillment of any terms, condition or provision of any lease, the making of repairs to the Property and the execution or termination of contracts providing for the management or maintenance of the Property, all Rents on such terms as are deemed best to protect the security of this Instrument. In the event Lender elects to seek the appointment of a receiver for the Property upon Borrower's breach of any covenant or agreement of Borrower in this Instrument, Borrower hereby expressly consents to the appointment of such receiver. Lender or the receiver shall be entitled to receive a reasonable fee for so managing the Property. All rents and revenues collected subsequent to delivery of written notice by Lender or Lender’s agents to Borrower that an Event of Default has occurred and during the continuance of such Event of Default shall be applied first to the costs costs, if any, of taking control of and managing the Property and collecting the Rentsrents, including, but not limited to, attorneys’ attorney's fees, receiver’s 's fees, premiums on receiver’s 's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on costs of repairs to the Property, premiums on insurance policies, Taxes, and the costs of discharging any obligation or liability of Borrower as lessor or landlord of the Property and then to the sums secured by this Instrument. Lender or the Security Instrument; (v) Lender, Lender’s agents or any judicially appointed receiver shall have access to the books and records used in the operation and maintenance of the Property and shall be liable to account only for only those Rents rents actually received; and (vi) . Other than for Lender's gross negligence or willful misconduct under this Section, Lender shall not be entitled liable to have a receiver appointed to take possession of and manage Borrower, anyone claiming under or through Borrower or anyone having an interest in the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy by reason of the Property as securityanything done or left undone by Lender under this Section. If the Rents rents of the Property are not sufficient to cover meet the costs costs, if any, of taking control of and managing the Property and of collecting the Rents rents, any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by this Security InstrumentInstrument pursuant to Section 8 hereof. I represent Unless Lender and warrant that I have not executed any prior assignment Borrower agree in writing to other temis of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof and shall bear interest from the date of disbursement at the rate stated in the Note unless payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under applicable law. Any entering upon and taking and maintaining of control of the Rents Property by Lender or the receiver and have not performed, and will not perform, any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Xxxxxx’s agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to me. However, Xxxxxx, or Xxxxxx’s agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents rents as provided herein shall not cure or waive any default hereunder or invalidate any other right or remedy of LenderLender under applicable law or provided herein. This assignment of Rents rents of the Property shall terminate when all the sums secured at such time as this Instrument ceases to secure indebtedness held by the Security Instrument are paid in fullLender.

ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. I As part of the consideration for the indebtedness evidenced by the Note, Borrower hereby absolutely and unconditionally assigns and transfers to Lender all the rents and revenues (“Rents”) of the Property, including those now due, past due, or to become due by virtue of any lease or other agreement for the occupancy or use of all or any part of the Property, regardless of to whom the Rents rents and revenues of the Property are payable. I authorize Xxxxxx Borrower hereby authorizes Lender or Xxxxxx’s Lender's agents to collect the Rents, aforesaid rents and agrees that revenues and hereby directs each tenant of the Property shall to pay the Rents such rents to Lender or Lender’s 's agents. However; provided, I however, that prior to written notice given by Lender to Borrower of the breach by Borrower of any covenant or agreement of Borrower in this Instrument or any other Loan Document, Borrower shall collect and receive all rents and revenues of the Rents until (i) Property as trustee for the benefit of Lender has given Borrower notice of default pursuant this Security Instrument and (ii) Lender has given notice Borrower, to apply the rents and revenues so collected to the tenant(s) sums secured by this instrument in the order provided in paragraph 3 hereof with the balance, so long as no such breach has occurred, to the account of Borrower, it being intended by Borrower and Lender that the Rents are to be paid to Lender or Xxxxxx’s agent. This this assignment of Rents rents constitutes an absolute assignment and not an assignment for additional security only. If Upon delivery of written notice by Lender gives notices to Borrower of default the breach by Borrower of any covenant or agreement of Borrower in this Instrument, and without the necessity of Lender entering upon and taking and maintaining full control of the Property in person, by agent or by a court-appointed receiver, Lender shall immediately be entitled to me: (i) possession of all Rents received by me rents and revenues of the Property as specified in this paragraph 26 as the same become due and payable, including, but not limited to, rents then due and unpaid, and all such rents shall immediately upon delivery of such notice be held by me Borrower as trustee for the benefit of Lender only; provided, however, that the written notice by Lender to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all Borrower of the Rents breach by Borrower shall contain a statement that Lender exercises its rights to such rents. Borrower agrees that commencing upon delivery of the Property; (iii) I agree that such written notice of Borrower's breach by Lender to Borrower, each tenant of the Property shall make such rents payable to and pay all Rents due and unpaid such rents to Lender or Lender’s 's agents upon on Lender’s 's written demand to each tenant therefor, delivered to each tenant personally, by mail or by delivering such demand to each retail store, without any liability on the tenant; (iv) unless applicable law provides otherwisepart of said tenant to inquire further as to the existence of a default by Borrower. Borrower hereby covenants that Borrower has not executed any prior assignment of said rents, that Borrower has not performed, and will not perform, any acts or has not executed, and will not execute, any instrument which would prevent Lender from exercising its rights under this paragraph 26, and that at the time of execution of this Instrument there has been no anticipation or prepayment of any of the rents of the Property for more than one month prior to the due dates of such rents. Borrower covenants that Borrower will not hereafter collect or accept payment of any rents of the Property more than one month prior to the due dates of such rents. Borrower further covenants that Borrower will execute and deliver to Lender such further assignments of rents and revenues of the Property as Lender may from time to time request. Upon Borrower's breach of any covenant or agreement of Borrower in this Instrument, or upon Borrower's breach of any material covenant of Borrower as landlord or lessor under any lease, Lender shall be entitled to the appointment of a receiver for the Property, without notice to Borrower or any other person or entity and Lender may in person, by agent or by a court-appointed receiver, regardless of the adequacy of Lender's security, enter upon and take and maintain full control of the Property in order to perform all acts necessary and appropriate for the operation and maintenance thereof including, but not limited to, the execution, cancellation or modification of leases, the collection of all rents and revenues of the Property, the enforcement or fulfillment of any terms, condition or provision of any lease, the making of repairs to the Property and the execution or termination of contracts providing for the management or maintenance of the Property, all Rents on such terms as are deemed best to protect the security of this Instrument. In the event Lender elects to seek the appointment of a receiver for the Property upon Borrower's breach of any covenant or agreement of Borrower in this Instrument, Borrower hereby expressly consents to the appointment of such receiver. Lender or the receiver shall be entitled to receive a reasonable fee for so managing the Property. All rents and revenues collected subsequent to delivery of written notice by Lender to Borrower of the breach by Borrower of any covenant or Lender’s agents agreement of Borrower in this Instrument shall be applied first to the costs costs, if any, of taking control of and managing the Property and collecting the Rentsrents, including, but not limited to, attorneys’ attorney's fees, receiver’s 's fees, premiums on receiver’s 's bonds, repair and maintenance costscosts of repairs to the Property, premiums on insurance premiumspolices, taxes, assessments and other charges on the Property, and the costs of discharging any obligation or liability of Borrower as lessor or landlord of the Property and then to the sums secured by this Instrument. Lender or the Security Instrument; (v) Lender, Lender’s agents or any judicially appointed receiver shall have access to the books and records used in the operation and maintenance of the Property and shall be liable to account only for only those Rents rents actually received; and (vi) . Lender shall not be entitled liable to have a receiver appointed to take possession of and manage Borrower, anyone claiming under or through Borrower or anyone having an interest in the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy by reason of the Property as securityanything done or left undone by Lender under this paragraph 26. If the Rents rents of the Property are not sufficient to cover meet the costs costs, if any, of taking control of and managing the Property and of collecting the Rents rents, any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by this Security InstrumentInstrument pursuant to paragraph 8 hereof. I represent Unless Lender and warrant that I have not executed any prior assignment Borrower agree in writing to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof and shall bear interest from the date of disbursement at the rate stated in the Note unless payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under applicable law. Any entering upon and taking and maintaining of control of the Rents Property by Lender or the receiver and have not performed, and will not perform, any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Xxxxxx’s agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to me. However, Xxxxxx, or Xxxxxx’s agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents rents as provided herein shall not cure or waive any default hereunder or invalidate any other right or remedy of LenderLender under applicable law or provided herein. This assignment of Rents rents of the Property shall terminate when all the sums secured at such time as this Instrument ceases to secure indebtedness held by the Security Instrument are paid in fullLender.