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<br /> within three (3) days from Lender's request, a rent schedule for the Real Property, certified by Borrower,
<br /> showing the name of each tenant and, for each tenant, the space occupied, the lease expiration date, the rent
<br /> payable and the rent paid. In addition to the foregoing, Borrower shall furnish to Lender, upon Lender's
<br /> request, a statement of income and expenses with respect to the Real Property for the prior fiscal year, a
<br /> current rent roll, current operating and financial statements of Borrower and each guarantor and Borrower's
<br /> and each guarantor's most recent federal tax return, all certified as true and correct. All financial statements
<br /> and other documents or records pursuant to this paragraph shall be provided at Borrower's sole expense_
<br /> 11. CONDEMNATION. Borrowex shall promptly notify Lender of any acrion or proceeding
<br /> relating to any condemnation or other taking, vvhether direct or indirect or whether by eminent domain or
<br /> otherwise, of the Real Property,or part thereof, and Borrower shall appear in and prosecute any such action or
<br /> proceeding unless otherwise directed by Lender in writing. Borrower authorizes Lender,at Lender's op��on,as
<br /> attorney-in-fact for Borrower, to commence, appear in and prosecute in Lender's or Borrower's name, any
<br /> action or proceeding relating to any such condemnation or other taking of the Real Property, and to settle or
<br /> compromise any claim in connection with such condemnation or other taking_ The proceeds of any award,
<br /> payment or claim for damages, direct or consec�uential, in connection with any such condexnnation or other
<br /> taking of the Real Properly,or part thereof,or for conveyances in lieu of condemnation,are hereby assi�ed to
<br /> and shall be paid to Lender.
<br /> Borrower authorizes Lender to apply such awards,payments,proceeds or damages, after the deduction
<br /> of Lender's expenses incuxred in the collection af such amounts, at Lender's option,to restoration or repair of
<br /> the Real Property ar to payment of the sums secured by this Instrument,whether or not then due, in the order
<br /> of application set forth in Paragraph 3 hereof, �uith the balance, if any, to Borrower. Unless Borrower and
<br /> Lender otherwise agree in writing, any applicatnon of proceeds to principal shall not extend or postpone the
<br /> due date of the monthly installments referred to in Paragraphs 1 and 2 hereof but shall only change the amount
<br /> of such installments. Borrower agrees to execute such further evidence of assignment of any awards,
<br /> proceeds,damages or claims arising in connection with such condemnation or taking as Lender may require.
<br /> 12. BORRO�'ER AND LIEN NOT RELEASED. From time to time,Lender may, at Lender's
<br /> option, without giving notice to or obtaining the consent of Borrower, Borrower's successors or assigns or of
<br /> any junior lienholder or guarantors, without liability on Y,ender's part and notwithstanding (a) Borrower's
<br /> breach of any covenant or agreement of Borrower in this Instrument or (b) the occurrence of an Event of
<br /> Default(as such term is defined in the Loan Documents), extend the time for payment of said indebtedness or
<br /> any part thereof,reduce the payments thereon,r�lease any other persons secondarily or otherwise liable on any
<br /> of said indebtedness, accept a renewal note or notes therefore, modify the terms and time of payment of said
<br /> indebtedness, release from the lien of this Instr�ument any part oI'the Rea1 Properiy, take or release other or
<br /> additional security,reconvey any part of the Real Property, consent to any map or plan of the Real Property,
<br /> consent to the jranting of any easement,join in any extension or subordination agreement or agree in writing
<br /> with Borrower to modify the rate of interest or pPriod of amortization under the Loan Agreement or change the
<br /> amount of the monthly installments payable thereunder. Any actions taken by Lender pursuant to the terms of
<br /> this paragraph shall not affect the obligation of Borrower or Borrower's successors or assigns to pay the sums
<br /> secured by this Instrument and to observe the covenants of Borrower contained herein, shall not affect the
<br /> guaranty of any person, corparation, partnership or other entity for payment of the indebtedness secured
<br /> hereby, and shall not affect the lien, or priority of lien, hereof on the Real Property. Borrower shall pay
<br /> Lender a reasonable service charge,together with such title insurance premiums and reasonable attorney's fees
<br /> as may be incurred at Lender's option,for any such action if taken at Borrower's request.
<br /> 13. FORBEARANCE BY LEND]ER NOT A WAIVER. No waiver by Lender of any right
<br /> under this Instrument sha11 be effective unless nn writing. Waiver by Lender of any right granted to Lender
<br /> under this Instruxnent or of any provision of this Instrument as to any transaction or occurrence shall not be
<br /> deemed a waiver as to any future transaction or �ccurrence. By accepting payment of any sum secured hereby
<br /> after its due date or by making any payment or performing any act on behalf of Borrower that Borrower was
<br /> obligated hereunder but failed to make or perform, or by adding any payment so made by Lender to the
<br /> indebtedness secured hereby, Lender does not waive its right to require prompt payment when due of all sums
<br /> so secured or to require prompt performance of all other acts required hereunder, or to declare a default for
<br /> failure so to pay.
<br /> 14. ESTOPPEL CERTIFICATE� Borrower shall, within ten (10) days follo�ving a written
<br /> request from Lender, fiunish Lender with a �rritten statement, duly acknowledged, setting forth the suins
<br /> secured by this Instrument and any right of setoff, counterclaim or other defense which Borrower believes
<br /> exists against such sums or the obligations of this Instrument.
<br /> 15. LTNIFORM COMMERCIAL CODE SECURITY AGREEMENT. This Instrument is
<br /> intended to be a security agreement pursuant to the Uniform Commercial Code for any of the items specified
<br /> above as part of the Real Property which,unden applicable law, may be subject to a security interest pursuant
<br /> to the Uniform Commercial Code, and Borrower hereby grants Lender a security interest in said items.
<br /> Borrower agrees that Lender may�le this Instrument, or a reproduction thereof, in the appropriate records or
<br /> index for Uniforxn Commercial Code filings as a financing statement for any of the items specified above as
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