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" �} � � �' � �2011 • � 6 0 0• <br />. . . ���_ � y 1 <br />� r4nre,°' � �O1��oC�a7� Q�., <br />°Li : r . - ' _ °; ' ` <br />�I' ' � ``� __ _ • <br />_ • -, <br />g,;P�rf�t�a� e'�f,�j0l�j�igations. Grantor_ promises to perform all terms, conditions, and covenants of this . <br />"` Security Instrument and Related Documents in accordance with the terms contained therein.� .__. <br />Defense and Title to Froperty. At the time of execution and delivery of this i�stt�umerrt; Grantor is lawfuliy ° <br />�� seised of the estate �i�r�by conveyed and has the exclusive right to mortgag� gant, cor�vey-and assign tlae <br />���r-Q�er-�y:, Grantflr that the Properly xs unencumbered and free of_all`l��ns, exc�pt-for encumbrances <br />of record acceptable to Lender. Furtherp Granior covenants that Grantor will warrantand defend generally <br />the title to the Property against any and all .claims and demands whatsaex�z',.,s.ubje�,t. to the_-easements, <br />restrictions, or other encumbrances of record acceptable to Lender, as may be listed in the schedule of <br />exceptions to coverage in any abstract of title or title insurance policy insuring Lender's interest in the <br />Properiy. <br />Condition of Property. Grantor promises at all times to preserve and to maintain the Property and every <br />part thereof in good repair, working order, and condition and will from time to time, make all needful and <br />proper repairs so that the value of the Property shall not in any way be impaired. <br />Removal of any Par� of the Property. Grantor promises not to remove any part o€ the Properiy from its <br />present location, exce�t for replacement, maintenance and relocation in the ordinary course of business. <br />Alterations to the roperty. Grantor promises to abstain from the commission of any waste on the <br />Property. Further, Gr ntor shall make no material alterations, additions or improvements of any type <br />whatever to the Prope , regardless of whether such alterations, additions or improvements would increase <br />the value of the Prop rty, nor permit anyone to do so except for tenant improvements and completion of <br />items pursuant to app oved plans and specifications, without Lender's prior written consent, which consent <br />may be withheld by Lender in its sole discretion. Grantor will comply with all laws and regulations of all <br />public authorities having jurisdiction over the premises relating to the use, occupancy and maintenance <br />thereof and shall upon request promptly submit to Lender evidence of such compliance. � <br />Due on Sale - Lender's Consent. Grantor shall not sell, further encumber or otherwise dispose of, except as <br />herein provided, any or all of its interest in �ny part of or all of the Property without first obtaining the <br />written consent of Lender. If any encumbrance, lien, transfer or sale or agreement for these is created, <br />Lender may declare irmmediately due and payable, the entire balance of the Indebtedness. <br />Insurance. Grantor promises to keep the Property insured against such risks and in such form as may within <br />the sole discretion of Lender be acceptable, causing Lender to be named as loss payee or if requested by <br />Lender, as mortgagee. The insurance company shall be chosen by Grantor subject to Lender's approval, <br />which shall not be unreasonably withheld. All insurance policies must provide that Lender will get a <br />minimum of 10 days notice prior to cancellation. At Lender's discretion, Grantor may be required to produce <br />receipts of paid premiums and renewal policies. If Grantor fails to obtain the required coverage, Lender may <br />do so at Grantor's expense. Grantor hereby directs each and every insurer of the Property to make payment of <br />loss to Lender with the proceeds to be applied, only at Lender's option, to the repair and replacement of the <br />damage or loss or to �e applied to the Indebtedness with the surplus, if any, to be paid by Lender to Grantor. <br />Payment of Taxes and Other Applicable Charges. Grantor promises to pay and to discharge liens, <br />encumbrances, taxes, �ssessments, iease payments and any other charges relating to the Property when levied <br />or assessed against Gnantor or the Properly. <br />Environmental Law�s and Hazardous or Toxic Materials. Grantor and every tenant have been, are <br />presently and shall �ontinue to be in strict compliance with any applicable local, state and federal <br />environmental laws arid regulations. Further, neither Grantor nor any tenant shall manufacture, store, handle, <br />discharge or dispose iof hazaz�dous or toxic materials as may be defined by any stat� or federal law' on the <br />Property, except to e e�e�t the existence of such materials has been presently disclosed in writing to <br />Lender. Grantor will ediately notify Lender in writing of any assertion or claim made by any parly as to <br />the possible violatio of applicable state and federal environmental laws including the location of any <br />hazardous or toxic m terials on or about the Property. Grantor indemnifies and holds Lender harmless from <br />any liability or expe e of wliatsoever nature incurred directly or indirectly as a result of Grantor's violation <br />of applicable local, tate aiid federal environmental laws and regulations or Grantor's involvement with <br />hazardous or toxic m terials: � <br />Financial Informati n. Grantor agrees to supply Lender such financial and other information concerning its <br />affairs and the status of any of its assets as Lender, from time to time, may reasonably request. Grantor <br />further agrees to pernut Lender to verify accounts as well as to inspect, copy and to examine:the'books, <br />records and files of Grantor. <br />Lender's Right to E�Qter. Lender or Lender's agents shall have the right and access to inspect the Property at <br />all reasonable times �in order to attend to Lender's interests and ensure compliance with the terms of this <br />Security Instrument. ;If tke P;roperty, or any part thereof, shall require inspection, repair or maintenance <br />which Grantor has fa led to provide, Lender, after reasonable notice, may enter upon the Properiy to effect <br />such obligation; and e cost thereof shall be added to the Indebtedness and paid on Lender's demand by <br />Grantor. - <br />ASSIGNMENT OF LEA ES AL�D RENTS. As additional security for the payment of the Indebtedness and the <br />performance of the coven nts coi�tained herein, Grantor hereby assigns and transfers over to Lender all rents, <br />� 2004-201 I Compliance Systems, Ina COFO-5320 - 2010LI.15.441 � ' � -' <br />.._______-:_","_'.n""'c'_.._:...r__._.�,.�.i.n�nnna - Pave2nf5 ��� WWW.CAmDIi8nCC9VBt81ils.COl11 <br />