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2012���4� <br />indebtedness of any and every lcind now or hereafter owing from Grantor to Lender, howsoever created or arising, <br />whether primary, secondary or contingent, together with any interest or charges provided in or arising out of such <br />indebtedness, as well as the agreements and covenants of this Security Instrument and a11 Related Documents <br />(hereinafter all refened to as the "Indebtedness"). <br />FUTURE ADVANCE5. To the extent permitted by law, this Security Instrument will secure future advances as if <br />such advances were made on the date of this Security Instrument regardless of the fact that from time to time there <br />may be no balance due under the note and regardless of whether Lender is obligated to make such future advances. <br />CROSS COLLATERALIZATION. It is the expressed intent of Grantor to cross collateralize all of its <br />Indebtedness and obligations to Lender, howsoever arising and whensoever incurred, except any obligation <br />existing or arising against the principal dwelling of any Grantor. <br />WARRANTIES. Grantor, for itself, its heirs, personal representatives, successors, and assigns, represents, <br />warrants, covenants and agrees with Lender, its successors and assigns, as follows: <br />Performance of ObHgations. 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 Tifle to Property. At the time of execution and delivery of this instrument, Grantor is lawfully <br />seised of the estate hereby conveyed and has the exclusive right to mortgage, grant, convey and assign the <br />Property. Grantor covenants that the Property is unencumbered and free of all liens, except for encumbraaces <br />of record acceptable to Lender. Further, Grantor covenants that Grantor will warrant and defend generally <br />the title to the Property against any and all c�aims and demands whatsoever, subject 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 />Property. <br />ConcLttion of Property. Grantor promises at a11 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 a11 needful and <br />proper repairs so thax the value of the Property shall not in any way be impaired. <br />Removal of any Part of the Property. Grantor promises not to remove any part of the Property from its <br />present location, except for replacement, maintenance and relocation in the ordinary course of business. <br />Alterations to the Property. Crrantor promises to abstain from the commission of any waste on the <br />Property. Further, Grantor sha11 make no material alterations, additions or improvements of any type <br />whatever to the Property, regardless of whether such alterations, additions or improvements would increase <br />the value of the Property, nor permit anyone to do so except for tenant improvements and completion of <br />items pursuant to approved plans and specifications, without Lender's prior written consent, wluch consent <br />may be withheld by Lender in its sole discration. Grantor `will co�ply vuith all Yaws� of all <br />public authorities having jurisdiction over the premises relating to the use, occupancy and maintenance <br />thereof and shall upon request prompfly submit to Lender evidence of such compliance. <br />Due on Sale - Lender's Consen� Grantor shall not sell, fiuther encumber or otherwise dispose o� except as <br />herein provided, any or all of its interest in any part of or all of the Property without first obtaining the <br />written consent of Lender. If aay encumbrance, lien, transfer or sale or agreement for these is created, <br />Lender may declare immediately due and payable, the entire balance of the Indebtedness. <br />Insurance. Grantor promises to keep the Properly 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 witbheld 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 obta.in the required coverage, Lender may <br />do so at Grantor's expense. Grantor hereby directs each and every insurer of the Properly 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 be applied to the Indebtedness with the surplus, if any, to be paid by Lender to Grantor. <br />Payment of Taxes and Other AppHcable Charges. Grantor promises to pay and to discharge liens, <br />encumbrances, taxes, assessments, lease payments and any other charges relating to the Property when levied <br />or assessed against Grantor or the Property. <br />Environmental Laws aand Hazsaralons or To�c 1Vdaterials.: Grantor and every tenant have been, are <br />presently and shall continue to be in strict compliance with any applicable local, state and federal <br />`, environmental laws and regulations. Further, neither Grantor nor any tenant sha11 manufacture, store, baadle, <br />V' '.. discharge or dispose of hazardous or toxic materials as may be defined by any state or federal law on the <br />Property, except to the extent the existence of such materials has been presently disclosed in `writing to <br />Lender. Grantor will immediately notify Lender in writing of any assertion or claim made by any party as to <br />, the possible violation of applicable state and federal environmental laws including the location of any <br />hazardous or toxic materials on or about the Property. Grantor indemnifies and holds Lender harmless &om <br />. any liability or expense of whatsoever naiure incurred direcfly or indirectly out of or in connection with: (a) <br />any environmeatal laws affecting all or aay part of the Property or Grantor, (b) the past, present or future <br />existence of aay hazard materials in, on, under, about, or emanating from or passing through the Property or <br />anq part thereof or any property adjacent thereto; (c) any past, present or future hazazdous activity at or in <br />m Zooa-zo� i comv�ce s���. �. cnsn-9ane - zoi �LZ.o.a�s <br />Commerclel Real Fstete Seamdy I�ttument - DIA007 Paga 2 of S www.compllencesyscems.wm <br />