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� ��15����1 <br /> � . . <br /> - „ <br /> , <br /> � <br /> 9. DUE �N SALE �R ENCUMBRANCE. Benefi�iary may, at its option, declare the entire balance �f the <br /> Secured DeUt to be ir�mediately due and payable upan �he creation of, transfer or sale af all or any part�f the <br /> Praperty. This right is subject tv the restrictions imp�sed by federal law (�2 C.F.R. 591}, as appiicable. ThiS <br /> �o�enant sha11 run with the Property and shall remain in effect until the Secured Debt is paid �n full and this <br /> Secur�ty Instrument is released. <br /> lU. PR�PERTY C�NDITI�N, ALTERATI�IITS AND INSPECTI�N. Trustor wi11 keep the Property in good <br /> condition and make all repairs that are reasonably necessary. Trustor sha11 not commit or allaw any waste, <br /> impairment, �r d�teriarati�n of the Property. Trustar will keep the Property fr�e of naxi�us weed5 and <br /> grasses. Trustor agrees that the nature of �he occupancy and use wil� not substantiaily change without <br /> Bene�ciary's prior writ�en cansent. TruStar will not permi� any change in any license, restricti�e co�enant or <br /> easement wit�aout Bene�ciary's prior written consent. Tru�tor wi11 nat�fy Beneficiary of a�l demands, <br /> proceedings,clavrns, and actians against Trustvr, and of any 1os5 or damage ta�h�Property. <br /> Bene�ciary or Bene�iciary's agents may, at Beneficiary's option, enter the Pr�perty at any reasonable time f�r <br /> the purpase �f inspec�ing the Property. Bene�ciary sha�l gi�� Trustor notice at the time af or before an <br /> inspectivn specify�ng a reasonab�e purpose for the inspectivn. Any inspec�ion af the Property sha11 be entir�ly <br /> for Ben�ficiary's benefit and Trustor wiil in no way rely nn Beneficiary's�nspe�tion. <br /> 11. AUTH�RITY T� PERF�ItM. Yf Trustor fails to perform any duty or any of the ca��nants contained in <br /> this 5ecurity �nstrument, B�n�ficiary may, without notice, perfarm or Cause them tfl be performed. Trustar <br /> appoints Beneficiary as attvrney in fact to sign Trustor's name or pay any amount necessary far performance. <br /> Bene�iciar�'s right to perfvrm for Trustar sha�l not �reate an obligation to perform, and Beneficiary's failure <br /> to perform wi11 nvt prec�ude Bene���ary from exer�ising any of Beneficiary's oth�r right� und�r the �aw or <br /> this Security Instrument. �f any construction on the Property is discontinued or not carried on in a reasonable <br /> manner, Ben�ficiary may take a1� steps necessary ta protect Benef�ciary's s�curity interest in the Property, <br /> including completian of the c�nstructinn. <br /> 12. ASSIGNMENT ClF LEASES AND RENTS. Trustgr irre��cably a5�ign5, grants and con�ey5, t� Trustee, in <br /> trust f�r the bene�t of Beneficiary as additional 5ecurity all the right, title and interest in the following �all <br /> referred to as Property}: existing �r future leases, subleases, lrcenses, guaranti�s and any other written or <br /> �erbal agreement� for the us� and accupancy af the Praperty, including any extensians, renevvats, <br /> m�difications ❑r replacement5 �a�l referred to as Leases}; and rents, issues and pro�ts �all referred t� as <br /> Rents}. In the e��nt any item listed as Leases or Rents is determin�d to be personal properry, �his Assignment <br /> will alsv be regarded as a security agreement. Trustar will promptly pr��id� B�neficiary wi�h cvpi�s of the <br /> Leases and will certify the5e Leases ar� true and correct capies. The existing Leases wiil be pro�ided on <br /> exe�ution of�he Assignment, and a�l future Leases and any oth�r information with respect�� these Leases will <br /> be pra�ided immediately after they are executed. Trustor may collect, recei�e, enjoy and use th� R�n�s so <br /> long as Trustar is not�.n defau�t. <br /> Upon default, Trustor wi�l recei�� any Rents in trust for B�neficiary and will not c�mmingle the R�nts with <br /> any �ther funds. Trustar agrees that this Security In.strument is immediately effective between Trustor and <br /> Bene�ciary and effecti�e as to t�hird parti�s on th� re�ording vf this Assignment. As 1�ng as this Assignment <br /> is in effect, Trustor warrants and represents that no default exists under the LeaSes, and the par�ies su�je�t to <br /> t,he Leases ha�e not�iolated any applicable law�n l�ases, licenses and landlords and tenants. <br /> 13. LEASEH�LDS; ��NDUMINIC]MS; PLANNED U�T DEVEL�PMENTS. Trustor agrees ta c�mply <br /> with the pro�isions of any ��ase if this Security Instrument is on a lea5eh�ld. If the Property inciudes a unit in <br /> a condnminium or a planned unit de�elopment, Trustor will perform all of Trustor's duties under th� <br /> ca�enants,by-laws,or regulati�ns�f the candami.uuum or planned unit de�elopment. <br /> 14. DEFAULT. Trustor will be in default if any party obligated on�he 5ecured Debt fails tv make payment when <br /> due. Tru�tor will be �n defau�t if a breach �ccurs under the terms of this Security �nstrument or any other <br /> document executed fvr the purpose of creating, securing or guaran�ying the Secured Debt. A gaod faith belief <br /> by Benefi�iary that B�neficiary at any tim� is ins�cure wit.h respect to any person or entity o�ligated an the <br /> Secured Debt or that the pr�spect of any payment or the�alue of the Property is impaired shall also constitute <br /> an�vent of defauit. <br /> 15. REMEDIES �N DEFAULT, In some instances, federal and state la►w will require Bene�ciary to pr��ide <br /> Trustar wi�h natice ❑f the right to cur� ar ather notices and may establish time sch�dules f�r foreclosure <br /> acti�ns. Subject to thes� limi�atinns, if any, Beneficiary may accelerate the Secured Debt and foreclose this <br /> 5ecurity Instrument in a manner pro�ided by law if Trustar�5 in default. <br /> At tYie optivn of Beneficiary, all ar any part af the agreed fees and charges, accrued interest and principal <br /> shall become unmediately due and payabl�, after gi�ing notice if required by 1aw, upon the nccurrenc� af a <br /> default or anytime thereafter. In addition, Beneficiary shail be entitled t� a11 the remedies pro�ided by iaw, <br /> the terms of the Secured Debt, this Security Instrument and any relat�d dacuments, including withaut <br /> lim�tation,th�power to sell�he Property. <br /> Security Instrument-Cor�sumer-N� RE-DT-NE 21112�9 3 <br /> VMP�8ankers SystemsrM VMR-C1 B5RNEy �1342�.Q0 <br /> Wvlters Kluwer Financial Ser�ices�i 994,2�11 Page 3 of 6 <br />