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ASSIGNMENT OF RENTS
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<br />completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
<br />RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, Lender may exercise any one
<br />or more of the following rights and remedies, in addition to any other rights or remedies provided by law:
<br />Accelerate Indebtedness. Lender shall have the right at its option without notice to Grantor to declare the entire Indebtedness immediately
<br />due and payable, including any prepayment fee that Grantor would be required to pay.
<br />Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents, including
<br />amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this
<br />right, Lender shall have all the rights provided for in the Lender's Right to Receive and Collect Rents Section, above, If the Rents are
<br />collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse instruments received in payment
<br />thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in
<br />response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the
<br />demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver.
<br />Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the
<br />power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property
<br />and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if
<br />permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the
<br />Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver.
<br />Other Remedies. Lender shall have all other rights and remedies provided in this Assignment or the Note or by law.
<br />Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make
<br />expenditures or to take action to perform an obligation of Grantor under this Assignment, after Grantor's failure to perfonn, shall not affect
<br />Lender's right to declare a default and exercise its remedies.
<br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Assignment, Lender shall be entitled to
<br />recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is
<br />involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that In Lender's opinion are necessary at anytime for
<br />the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
<br />interest at the Note rale from the dale of the expenditure until repaid. Expenses covered by this paragraph include, without limitation,
<br />however subject to any limits under applicable law, Lender's attorneys' fees and Lenders legal expenses, whether or not there is a lawsuit,
<br />including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction),
<br />appeals, and any anticipated post -judgment collection services, the cost of searching records, obtaining title reports Imcluding foreclosure
<br />reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor
<br />also will pay any court costs, in addition to all other sums provided by law.
<br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Assignment;
<br />Amendments. This Assignment, together with any Related Documents, constitutes the entire understanding and agreement of the parties as
<br />to the matters set forth In this Assignment. No alteration of or amendment to this Assignment shall be effective unless given in writing and
<br />signed by the party or parties sought to be charged or bound by the alteration or amendment.
<br />Caption Headings. Caption headings in this Assignment are for convenience purposes only and are not to be used to interpret or define the
<br />provisions of this Assignment.
<br />Governing Law. This Assignment will be governed by federal law applicable to Lender and, to the extent not preempted by federal
<br />law, the laws of the State of California without regard to its conflicts of law provisions. This Assignment has been accepted by
<br />Lender in the State of California.
<br />Choice of Venue. If there is a lawsuit, Grantor agrees upon Lenders request to submit to the jurisdiction of the courts of San Mateo County,
<br />State of California.
<br />Merger. There shall be no merger of the interest or estate created by this Assignment with any other interest or estate in the Property at any
<br />time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
<br />Interpretation. (1) In all cases where there is more than one Borrower or Grantor, then all words used in this Assignment in the singular
<br />shall be deemed to have been used in the plural where the context and construction so require. (2) If more than one person signs Ihis
<br />Assignment as "Grantor," the obligations of each Grantor are joint and several. This means that'd Lender brings a lawsufl, Lender may sue
<br />any one or more of the Grantors. If Borrower and Grantor are not the same person, Lender need not sue Borrower first, and that Borrower
<br />need not be joined in any lawsuit (3) The names given to paragraphs or sections in this Assignment are for convenience purposes only.
<br />They are not to be used to interpret or define the provisions of this Assignment.
<br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Assignment unless such waiver is given in writing
<br />and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other
<br />right. A waiver by Lender of a provision of this Assignment shall not prejudice or constitute a waiver of Lender's right otherwise to demand
<br />strict compliance with that provision or any other provision of this Assignment. No prior waiver by Lender, nor any course of dealing between
<br />Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions.
<br />Whenever the consent of Lender is required under this Assignment, the granting of such consent by Lender in any instance shall not
<br />constitute continuing consent to subsequent instances where such consent Is required and in all cases such consent may be granted or
<br />withheld in the sole discretion of Lender.
<br />Notices. Any notice required to be given under this Assignment shall be given in writing, and shall be effective when actually delivered, when
<br />actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if
<br />mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown
<br />near the beginning of this Assignment. Any party may change Its address for notices under this Assignment by giving formal written notice to
<br />the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep
<br />Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor,
<br />any notice given by Lender to any Grantor is deemed to be notice given to all Grantors.
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