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MORTGAGE 2�������� <br />(Continued) Page 6 <br />Grantor's property, any assignment for the benefit of credhors, any type of creditor workout, or the <br />commencement of any proceeding under any bankruptcy or insolvency lews by or against Grantor. <br />Taking of the Property. Any creditor or governmentel agency tries to take any of the Property or eny other of <br />Grantor's property in which Lender has a lien. This includes taking of, garnishing of or levying on Grantor's <br />accounts, including deposit accounts, with Lender. However, if Grantor disputes in good faith whether the claim <br />on which the teking of the Property is based is valid or reasonable, and if Grantor gives Lender written notice of <br />the claim and furnishes Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this <br />default provision will not apply. <br />Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and <br />Lender that is not remedied within any grece period provided therein, including without limitation any agreement <br />concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or leter. <br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, <br />or accommodation party of eny of the Indebtedness or eny guarantor, endorser, surety, or accommodation party <br />dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the <br />Indebtedness. <br />Insecurtty. Lender in good faith believes itself insecure. <br />Right to Cur�. If any default, other than a default in payment is curable and if Grentor has not been given a notice <br />of a breach of the same provision of this Mortgage within the preceding twelve (12) months, it may be cured if <br />Grantor, after Lender sends written notice to Grantor demanding cure of such default: (1) cures the default within <br />fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender <br />deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all <br />reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. <br />RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, <br />at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or <br />remedies provided by law: <br />Accelarate Indebtednass. Lender shall have the right at its option to declare the entire Indebtedness immediately <br />due and peyable, including any prepayment penalty thet Grantor would be required to pay. <br />UCC Remedtes. With respect to all or any part of the Personal Property, Lender shall have all the rights and <br />remedies of a secured party under the Uniform Commercial Code. <br />Collect Rents. Lender shall have the right, without notice to Grentor, to take possession of the Properry and <br />collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's <br />costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the <br />Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then <br />Grentor 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 <br />users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, <br />whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph <br />either in person, by agent, or through a receiver. <br />Appoint Receiver. Lender shall have the right to heve a receiver appointed to take possession of all or any part of <br />the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or <br />sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the <br />receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right <br />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 <br />receiver. <br />Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the <br />Proparty. <br />Nonjudicial Sale. If permitted by applicable law, Lender mey foreclose Grantor's interest in all or in any pert of the <br />Personal Properry or the Real Property by non-judicial sale. <br />Deflclency Judgment. If permitted by applicable law, Lender may obtain a judgment for any deficiency remaining in <br />the Indebtedness due to Lender after applicatian of all amounts received from the exercise of the rights provided in <br />this section. <br />Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided <br />above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall <br />become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) <br />pay e reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of <br />Lender. <br />Other Remedles. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available <br />at law or in equity. <br />