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�0�2U�065 <br />Performance of Obligations. 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 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 encumbrances <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 claims and demands whatsoever, subject to the easements, <br />restrictions, or other encumbrances of record acceptable to L.ender, as may be listed in the schedule of <br />exceptions to coverage in any abstract of title or title insurance policy insuriag Lender's interest in the <br />Property. <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 />Reraoval of any Part of the Property. Grantor promises not to remove any part of the Properiy from its <br />present location, except for replacement, maintenance and relocation in the ordinary course of business. <br />Alterations to the Property. Grantor promises to abstain from the commission of any waste on the <br />Properly. Further, Grantor shall make no material alterations, additions or improvements of any type <br />whatever to the Properly, regardless of whether such alterations, additions or improvements would increase <br />the value of the Property; aor permit anyone to do so except for tena.nt improvements and completion of <br />items pursuant to approved plans and specifications, without Lender's prior written consent, which consent <br />may be withheld by Iznder 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 any 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 immediately due and payable, the entire balance of the Indebtedness. <br />Insuranc�. 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 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 Properly to make payment of <br />loss to I,ender 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 Applicable 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 Properly. <br />Environmental Laws and Hazardous or To�c Materials. 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 sha}1 manufacture, store, handle, <br />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 parly 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 Properly. Grantor indemnifies and holds I,ender harmless from <br />any liability or expense of whatsoever nature incurred directly or indirectly out of or in connection with: (a) <br />any environmental laws affecting all or any part of the Property or Grantor; (b) the past, present or future <br />existence of any hazard materials in, on, under, about, or emanating from or passing through the Property or <br />any part thereof or any property adjacent thereto; (c) any past, present or future hazardous activity at or in <br />connection with the Property or any part thereof; and (d) the noncompliance by Grantor or Grantor's failure <br />to comply fully and timely with environmental laws. <br />Financial Information. Grantor agrees to supply Lender such financial and other information concerning its <br />affairs and the status of any of its assets as I.ender, from time to time, may reasonably request. Grantor <br />further agrees to pernut Lender to verify accounts as well as to inspect, copy and fo examine the books, <br />records and files of Grantor. <br />Lender's Right to Enter. Lender or I,ender'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 tUis <br />Security Instrument. If the Property, or any part thereof, shall require inspecrion, repair or maintenance <br />which Grantor has failed to provide, Lender, after reasonable notice, may enter upon the Property to effect <br />such obligation; and the cost thereof shall be added to the Indebtedness and paid on Lender's demand by <br />Grantor. <br />� 2004-2011 Complimmce Systems, Inc. CDBD-C701 - 2011L2.0.475 <br />Commerciel Real Fstete Security Instrument - DL4007 Page 2 of 5 www.complimcesyatems.com <br />