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<br />which Grantor has failed to provide, Lender, after reasonable notice, may enter upon the Property to effect
<br />such obligation; and the cost thereQf shall be added to the Indebtedness and paid on Lender's demand by.
<br />Grantor. '
<br />ASSIGIVMENT OF LEA$ES AND RENTS. As additional security for the paymenf of the Indebtedness and the
<br />performance of the covenants contained herein, Grantor hereby assigns and taansfers over to Lender all rents,
<br />income and profits ("Rents") under any present or future leases, subleases or licenses of the Property, including
<br />any guaranties, extensions, amendments or renewals thereof, from the use of the Property. So long as Grantor is
<br />not in default, Grantor may receive, collect and enjoy all Rents accruing from the Properiy, but not more than one
<br />month in advance of the due date. Lender may also require Grantor, tenant and any other user of the Property to
<br />make payments of Rents directly to Lender. However, by receiving any such payments, Lender is not, and shall not
<br />be considered, an agent for any party or entity. Any amounts collected may, at Lender's sole discretion, be applied
<br />to protect Lender's interest in the Property, including but not limited to the payment of 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 />CONDEMNATION. Grantor shall give Lender notice of any acrion taken or threatened to be talcen by private or
<br />public entiries to appropriate the Properiy or any part thereof, through condemnation, eminent domain or any other
<br />action. Further, Lender sha11 be permitted to participate or intervene in any of the above described proceedings in
<br />any manner it shall at its sole discretion determine. Lender is hereby given full power, right and authority to
<br />receive and receipt for any and all damages awarded as a result of the full or partial taking or appropriarion and in
<br />its sole discretion, to apply said awazds to the Indebtedness, whether or not then due or otherwise in accordance
<br />with applicable law. Unless Lender otherwise agrees in writing, any applicarion 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: At any time, upon a request of Lender, Grantor will execute and deliver to
<br />Len,der� and if appropriate, cause to be recorded, such further mortgages, assignments, assignments of leases and
<br />rents, security agreements, pledges, financing statements, or such other document as Lender may require, in
<br />Lender's sole discretion, to effectuate, complete and to perfect as well as to continue to preserve the Indebtedness,
<br />or the lien or security interest created by this Security Instrument.
<br />ATTORNEY-IN-FACT. Gra.ntor appoints Lender as attomey-in-fact on behalf of Grantor. If Grantor fails to
<br />fulfill any of Grantor's obligations under this Security Instrument or any Related Documents, including those
<br />obligations mentioned in the preceding pazagraph, Lender as attomey-in-fact may fulfill the obligations without
<br />notice to Grantor. T'his power of attomey shall not be affected by the disability of the Grantor.
<br />EVENTS OF DEFAULT. The following events shall constitute default under this Security Instnunent (each an
<br />"Event of Default"):
<br />(a) Failure to malce required payments when due under Indebtedness;
<br />(b) Failure to perform or keep any of the covenants of this Security 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 fa�se or misleading in any
<br />mat�rial respect by Grantor or any person obligated on the Indebtedness;
<br />(d) The death, dissolution, insolvency, bankruptcy or receivership proceeding of Grantor or of any person
<br />ar�,ntity obligated on the Indebtedness;
<br />(e) Ar�� assignment by Grantor for the benefit of Grantor's creditors;
<br />( fl A�naterial adverse change occurs in the financial condition, ownership or management of Grantor or
<br />az�y person obligated on the Indebtedness; or
<br />(g) L.�:nder deems itself insecuie for any reason whatsoever.
<br />REMEDIE': ON DEFAULT. Upon the occurrence of an Event of Default, .Lender may, without demand or
<br />notice, pay asry or all taxes, assessments, premiums, and liens required to be paid by Grantor, effect any insurance
<br />provided for herein, make such repairs, cause the abstracts of title or ritle insurance policy and tax histories of the
<br />Property to ���e certified to date, or procure new abstracts of title or title insurance and tax histories in case none
<br />were furnist��sd to it, and procwe title reports covering the Property, including surveys. The amounts paid for any
<br />such purpos� s will be added to the Indebtedness and will beaz interest at the rate of interest otherwise accruing on
<br />the Indebte��ness unril paid. In the event of foreclosure, the abstracts of title or title insurance shall become the
<br />property of �,ender. All abstracts of title, title insurance, tax histories, surveys, and other documents pertaining to
<br />the Indebtec�ness will remain in Lender's possession until the Indebtedness is paid in full.
<br />IN THE E� LNT OF THE SALE OF THIS PROPERTY UNDER THE PROCEDURE FOR FORECLOSURE OF
<br />A SECURI 'Y INSTRUMENT BY ADVERTISEMENT, AS PROVIDED BY APPLICABLE LAW, OR IN THE
<br />EVENT LF:'�TDER EXERCISES ITS RIGHTS UNDER THB ASSIGNMENT OF LEASES AND RENTS, TI�
<br />LENDER :;�AL,L PROVIDE ALL STATUTORILY REQUIRED NOTICES OF SALE AND NOTICES OF
<br />JUDICIAL; HEARINGS BEFORE LENDER EXERCISES ANY OF ITS RIGHTS UNDER THIS
<br />INSTRUM',��NT.
<br />Upon the o; �.urrence of an Event of Default, Lender may, without notice unless required by law, and at its option,
<br />declare the �`:ntire Indebtedness due and payable, as it may elect, regardless of the date or dates of maturity thereof
<br />and, if perr itted by state law, is authorized and empowered to cause the Property to be sold at public auction, and
<br />to execute ��nd deliver to the purchaser or purchasers at such sale any deeds of conveyance good and sufficient at
<br />m 2004-ZOl l Comi,liaace Systams, Inc. CDBAA7E3 - 2011L2.0.475
<br />Comvreroial Real �� � �tate S ' Instrumant - DUi007 P a 3 of 5 - www.com lian � tems.com
<br />C < fuitmis
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