For corporate trustee.

Assignment of Rents For Corporate Trustee

_________,

Loan No. _________

A corporation organized and existing under the laws of the _________ not personally but as Trustee under the provisions of a Deed or Deeds in trust duly recorded and delivered to the undersigned in pursuance of a Trust Agreement dated _________, and known as trust number _________, in order to secure an indebtedness of _________ $_____, executed a mortgage of even date herewith, mortgaging to _________ the following described real estate:

_______________

_______________

_______________

and, Mortgagee is the holder of the mortgage and the note secured by the mortgage:

Now, therefore, in order to further secure the indebtedness, and as a part of the consideration of the transaction, the undersigned corporate trustee assigns, transfers, and sets over to Mortgagee, and/or its successors and assigns, all the rents now due or which may become due under or by virtue of any lease, either oral or written, or any letting of, or any agreement for the use or occupancy of any part of the premises described, which may have been or may be made or agreed to, or which may be made or agreed to by the Mortgagee under the power granted, it being the intention to establish an absolute transfer and assignment of all such leases and agreements and all the avails under this assignment to the Mortgagee and especially those certain leases and agreements now existing upon the property described above.

The undersigned, irrevocably appoint the Mortgagee the agent of the undersigned for the management of the property, and authorize the Mortgagee to let and re-let the premises or any part thereof, according to its own discretion, and to bring or defend any suits in connection with the premises in its own name or in the names of the undersigned, as it may consider expedient, and to make such repairs to the premises as it may deem proper or advisable, and to do anything in and about the premises that the undersigned might do, ratifying and confirming anything and everything that the Mortgagee may do.

It is understood and agreed that the Mortgagee shall have the power to use and apply the avails, issues and profits toward the payment of any present or future indebtedness or liability of the undersigned to the Mortgagee, due or to become due, or that may be contracted, and also toward the payment of all expenses for the care and management of the premises, including taxes, insurance, assessments, usual and customary commissions to a real estate broker for leasing the premises and collecting rents and the expense for such attorneys, agents and servants as may reasonably be necessary.

It is further understood and agreed, that in the event of the exercise of this assignment, the undersigned will pay rent for the premises occupied by the undersigned at the prevailing rate per month for each room, and a failure on the part of the undersigned to promptly pay rent on the first day of each and every month shall, in and of itself constitute a forcible entry and detainer and the Mortgagee may in its own name and without any notice or demand, maintain an action of forcible entry and detainer and obtain possession of the premises. This assignment and power of attorney shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties and shall be construed as a Covenant running with the land, and shall continue in full force and effect until all of the indebtedness or liability of the undersigned to the Association shall have been fully paid, at which time this assignment and power of attorney shall terminate.

It is understood and agreed that the Mortgagee will not exercise its rights under this Assignment until after default in any payment secured by the mortgage or after a breach of any of its covenants.

The failure of the Mortgagee to exercise any right which it might exercise under this Assignment shall not be deemed a waiver by the Mortgagee of its right of exercise thereafter.

This assignment of rents is executed by the corporation not personally but as Trustee in the exercise of the power and authority conferred upon and vested in it as Trustee (and corporation warrants that it possesses full power and authority to execute this instrument) and it is expressly understood and agreed that nothing herein or in the note contained shall be construed as creating any liability on the corporation, either individually or as Trustee, personally to pay the note or any interest that may accrue thereon, or any indebtedness accruing hereunder, or to perform any covenant either express or implied contained, all such liability, if any, being expressly waived by the Mortgagee and by every person now or hereafter claiming any right or security under this assignment, and that so far as the corporation, either individually or as Trustee, or its successors, personally are concerned, the legal holder or holders of the note and the owner or owners of any indebtedness accruing hereunder shall look solely to the premises conveyed for the payment thereof, by the enforcement of the lien hereby created in the manner herein and in the note provided or by action to enforce the personal liability of the guarantor, if any.

In Witness Whereof, the undersigned corporation, not personally but as Trustee, has caused these presents to be signed by its _________ President, and its corporate seal to be affixed and attested by its Secretary, this _________ day of _________[month, year],

Attest:

_________As Trustee and not personally

_________

By _________

Secretary

President

State of _________

County of _________

I, _________ the undersigned, a Notary Public in and for the County, in the State set forth above, do certify that _________ personally known to me to be the _________ President of _________ a corporation, and _________ personally known to me to be the _________ Secretary of the corporation, and personally known to me to be the same persons whose names are subscribed to the above instrument, appeared before me this day in person and severally acknowledged that as such Officers, they signed and delivered the instrument as such Officers of the corporation and caused the corporate seal of the corporation to be affixed, pursuant to authority, given by the Board of Directors of the corporation as their free and voluntary act, and as the free and voluntary act and deed of the corporation, for the uses and purposes set forth.

Given under my hand and Notarial Seal, this _________ day of _________, [month, year]

_________

Notary Public

This Instrument Was Prepared By: _________

 

______________________________________________________________________________________

 

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