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RE-RECORDED <br /> • 201301035 20 !10895 <br /> • r t <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 Lender, from time to time, may reasonably request. Grantor <br /> further agrees to permit Lender to verify.accounts as well as to inspect; copy and to examine the books, <br /> records and files of Grantor. <br /> Lender's Right to Enter.Lender or Lender'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 this <br /> Security Instrument. If the Property, or any part thereof, shall require inspection, 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 /> ASSIGNMENT OF LEASES AND RENTS. As additional security for the payment of the Indebtedness and the <br /> performance of the covenants contained herein, Grantor hereby assigns and transfers over to Lender all rents, <br /> iikO tie and profits ("Rents") under any present or future leaes,"'subleases or iicelt §'elite Pl ie '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 Property,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 action taken or threatened-tribe taken-by private or <br /> P ublic entities to appropriate the Pro Pe�Y or any'P art thereof through condenination;etninent dortiin br"anY other <br /> action. Further,,Lender shall be permitted to participate or intervene in any of the abgverdescribed.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 appropriation and in <br /> its sole discretion, to apply said awards to the Indebtedness, whether or not then due or otherwise in accordance <br /> with applicable law. Unless Lender otherwise agrees in writing, any application 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 /> Lender, 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 /> F t <br /> ATTORNEY-IN-FACT. Grantor appoints Lender as attorney-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 paragraph, Lender as attorney-in-fact may fulfill the obligations without <br /> notice to Grantor.This power of attorney shall not be affected by the disability of the Grantor. <br /> EVENTS OF DEFAULT. The following events shall constitute default under this Security Instrument(each an <br /> "Event of Default"): <br /> . . {a) Failure to make required payments when due under Indebtedness; <br /> (b)• Failure to perform or keep any of the covenants of.this Security Instrumenror•a:defaultuutdepany of <br /> the Related Documents; <br /> (c) The making of any oral or written statement or assertion to Lender that is false or misleading in any <br /> material 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 /> or entity obligated on the Indebtedness; <br /> (e) Any assignment by Grantor for the benefit of Grantor's creditors; <br /> (f) A material adverse change occurs in the financial condition, ownership or management of Grantor or <br /> Indebtedness; <br /> any person obligated on the or <br /> (g) Lender deems itself insecure for any reason whatsoever. <br /> REMEDIES ON DEPAUL'r. Op- <br /> pon the occurrence of an Event of Default;"Lender May, without demand or <br /> notice,pay any 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 title insurance policy and tax histories of the <br /> Property to be certified to date, or procure new abstracts of title or title insurance and tax histories in case none <br /> were furnished to it, and procure title reports covering the Property, including siiirveys.the amounts"paid for any <br /> such purposes will be added to the Indebtedness and will bear interest at the rate of interest otherwise accruing on <br /> the Indebtedness until paid. In the event of foreclosure, the abstracts of title or title insurance shall become the <br /> property of Lender. All abstracts of title,title insurance,tax histories, surveys, and other documents pertaining to <br /> the Indebtedness will remain in Lender's possession until the Indebtedness is paid in full, <br /> o 2004-2011 Compliance Systems,Inc.CDBD-758B-2011L2.0.475 6 <br /> ConnmErci&IRdet Estate Security Instrument-DL4007 Page 3:of6_ - _. __ <br /> initials (� .c1 , A...�. /AAA < :31 <br />