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201200089
<br /> not in dcfault,Grantor may rcccivc,collect and enjoy all Rents accruing from the Property,hut not more than one
<br /> mnnlh in aJc•ance uf the due�aie.Lender may also require Grantor,tenant and any other user of the Properry ro
<br /> make payments of Rents direclly Ic�Lender.However,by reeeiving any such payments,L.ender is not,and shall nol
<br /> bc considcred,an agent for any party ar entity.Any amounts collected may,at Lcndcr's sole discretion,be applied
<br /> to protect L.ender's interest in the Prp�erty, including hut nnt limited to the payment af taxes and insurance
<br /> premiums and to the Indebtedness. At Lender's sole discretion, all leases, subleases and licenses must first be
<br /> approved by Lender.
<br /> CONDE14iNATION.Grantor shall give Lender notice of any action taken or threatened to be taken by privatc or
<br /> pubjic entities to appropriatc thc Property or any part thercof,thtough condcmnation,cmincnt domain or any other
<br /> �clion.Further,I.ender sha13 be permitted to participate ar intervene in any of the abave described proceedings in
<br /> any manner i[ shall xL ils avle discr��ion determine. L.ender is hereby given full pow�r, righ� and authority to
<br /> receive and receigt for any and all damages awarded as a result of the full or partial talcing or appropria[ion and in
<br /> its sole discretion,to a�ply Said awards tn the Indehtedness,whether qr not thcn due nr ntherwise in accordance
<br /> wi�h applicable law. Unless I..ender otherwise agrees in writing,any appllcation of proceeds to the Indebtedness
<br /> shall not extend or postpone the due date of the payments due under the Indebtedness or change the amount of
<br /> such payments.
<br /> GRANTOR'S ASSURANCES. Ak any time, upon a request of I.ender, Grantor will execute and deliver to
<br /> Lender,and if appropriate,cause to be recorded,such further mortgages,assignrnents,assignments of leases and
<br /> rents, security agreements, pledges, financing statements, or such other document as Lender may require, in
<br /> Lender's snle discretinn,to effectuate,cnmplete and to perfect�s well as to continue to preserve the Tndebtedness,
<br /> or the lien or security interest created by this Security Instrument.
<br /> ATTORNEY-IN-FACT. Grantor appoints i..ender as attorney-in-fact on behalf of Grantor. If Crrantor fails to
<br /> fulfill any of Grantor's obligations under this Security Instrument or any Related Documents, including those
<br /> obliga[ions mentioncd in the preceding paragraph,L.ender as attor�ey-in-fact may fulfill the obligations without
<br /> noticc tn Gran�nr.This power of attorney shall not be affected 6y the disability of the Grantor.
<br /> EVENTS OF DEFAULT.The following events shall constitvte default under this Security Instrument(each aiz
<br /> "�vent of DefaulP'):
<br /> (a) Failure to make required payments when due under Indebtedness;
<br /> (b) Failure to perforx�or keep any of the covenants vf this 5ecurity Instrument or a default under any of
<br /> the Related Documents;
<br /> (c) The making of any oral or written statement or assertion to Lender that is falsc or mislcading in any
<br /> material respecl hy Grantnr nr sny Persun ohligated on the Indebtedness;
<br /> (d) The death,dissolution,inso3vency,bankruptcy or receivership proceeding oF Grantor or nf any person
<br /> or entity obligated on the Indebtedness;
<br /> (e) Any;jssignment by Granror for the benefit of Grantor's crcditors;
<br /> (t� A material adverse change oc:curs in the fin�ncial condition,ownership or mnnagement of Grantor or
<br /> any person obligated on the Indebtedness;or
<br /> (g) Lender deems itself insecure for any reason whatsoever.
<br /> REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default, I..ender may, without demand or
<br /> notice,pay any or all taxes,assessments,premiums,and liens required to be paid by Grantor,effect any insurance
<br /> prov�ded for herein,malce such repairs,cause the abstracts of title or title insuranee poliey and taz histories of the
<br /> Property to he certified tn date,or procure new abstracts of title or title insurance and tax histories in case none
<br /> were furnished to it,and procure title reports covering�he Prnperty,including surveys.The amounts paid for any
<br /> such gurposes will be added to the Inde6tedness a�d will bear interest at the rate of interest olherwise accruing un
<br /> the Indebtedness until paid. ln the evenl uC lvreclosure, the abstracts of tide or title insurance shall become the
<br /> property of Lender.All ahstraccs nf tide,title insur�nce,tax histories,surveys,and other documents pertaining to
<br /> the Inde6tedness w�ll remain in I..ender's possession until the Indebtedness is paid in full.
<br /> IN THE EV$NT QF THE SALE OF THIS PROPERTY UNDER THS PROCEDUItE FOlt PORECLOSURE OF
<br /> A SECURITY INSTRUMENT BY ADVEI2TISEMENT,A5 PROVlllED BY APPLICABLE LAW',OR 7N THE
<br /> EVENT LENDER EX�RCISE3 ITS RIGI-ITS UNDER THE ASSTGNMENT OF LEASE5.4NI7 RENTS,'1`HE
<br /> L�NI]ER SHAI.L, PROV�DH ALL STATUTORILY REQUIRED NOTICES OF SALE AND NOTiCES OF
<br /> .i[IDfCIAL HEARIlVG5 BEFORE LENDER �X�RCISES ANY OF PTS RIGHTS UNDER THIS
<br /> ]NSTRUMENT.
<br /> Upun lhe occurrence of an Event of Default,Lender may,without notice unless required by]aw,and at its option,
<br /> declare the entire Indebtedness due and payahle,as it mxy elect,regardless of the date or datcs of maturity thcrcoL
<br /> and,if permitted by state law,is authorized and empowered to cause the Property l0 6�Suld al public auclion,and
<br /> lo exe�:ule and deliver to the purchaser ot purehascrs at such sale any deeds of conveyance good and sufficient at
<br /> law,pursuant to the sta[ute in such case mxde xnd pruvided.The Trustee shall apply the proceeds of the Trustee's
<br /> sale,first,to the costs and expenses of exercising the power of sale and of the sale,including the payment of the
<br /> Trustee's fees actually incurred; second, to payment of the obligation secured hy the wst deed; �hird, �n the
<br /> payment of junior trust deeds,mortgages,or other lienholders and the balance,if any,to the person or persons
<br /> legally entided lherelo. The recitals in the Trustee's deed sha]! bc prima facie evidence of the truth of the
<br /> statements made in it.It L,ender chooses to invoka lhe puwer oP sale,Lender vr Trustee will provide noEice of sale
<br /> pursuant to applicable law.Any such sale or a sale made pursuant to a judgment or a decree for the foreclnsure
<br /> hereof may, a[ the option of T.ender, be made en masse. The commencement of proceedings to foreclose this
<br /> Securiry Instrutuent in any manner authorized�y law Shall be deemeJ as exercise of the a6ove optinn.
<br /> G;•2�Od-2�710 Cnmplfxna Syeums,Inc.1➢A7-A02A-2010.05.;4fi5
<br /> (i+mmerc�sl H�al E';a�ele Se�yri�y lnsvumem-ll3A0�77 Pagi 3 nf5 www,complian;a:systems.enm
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