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RF <br /> • <br /> 401301935 12- '95 <br /> �. .-�Q ..__..,,.. _...... . <br /> Documents(hereinafter all referred to as the "Indebtedness"). Secured debt includes, but is not limited to, the <br /> following: promissory note dated December 20, 2012, in the amount of $3i1 90'x,0! anewals, <br /> extensions or modifications. 4 v•..0 t <br /> FUTURE ADVANCES.To the extent permitted by law,this Security Instrument wgtlsitte'trs as if <br /> such advances were made on the date of this Security Instrumatagutltss pf�t1 tiotio from tune to there <br /> may be no balance due under the note and regardless of whetlektojiigated : }ch future aances. <br /> CROSS COLLATERALIZATION. It is the expressed iziwilagemtwoosailivaavittiuM of its <br /> Indebtedness and obligations to Lender, howsoever arisin wegitivr 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 /> s with Lender,its successors and assigns,as follows: <br /> warrants,covenants and agrees gn , <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.eeecution and.delivery_of this instrument,Ctrolutor;10a114114Y <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 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 /> 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,}Hake all needful and <br /> prpper repairs so that 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 /> P 1? <br /> Alterations to the Property. Grantor promises to abstain from the commission of any waste on the <br /> Property. Further, Grantor shall 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, which consent <br /> may be withheld by Lender in its sole discretion. Grantor will comply with all laws and regulations of all <br /> Y Y <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 compltaiice:' _ <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 /> 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 a may be required to produce <br /> receipts ofpaid 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 be applied to the Indebtedness with the surplus,if any,to be paid by fender 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 Property. <br /> Environmental Laws and Hazardous or Toxic 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 shall manMfacture,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 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 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 /> ®2004-2011 Compliance Systems,Inc.CDBD-758B-2011L2 0 475 <br /> CommercialP.eal Estate Security Instrument-DL4007 -_Page 2 of 6 www.com s.com <br /> ---------- <br />