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<br />Further, Lender shall not be obligated to perform or discharge any obligation, duty or liability under the Leases or
<br />under or by reason of this Assignment and Grantor shall, and hereby agrees, to indemnify Lender for, and to hold
<br />Lender harmless from, any and all liability, loss or damage which may or might be incurred under the Leases or
<br />under or by reason of this Assignment and from any and all claims and demands whatsoever, including the
<br />defense of any such claims or demands which may be asserted against Lender by reason of any alleged
<br />obligations and undertakings on its part to perform or discharge any of the terms, covenants or agreements
<br />contained in the Leases. This Assignment shall not operate to place any obligation or liability for the control, care,
<br />management or repair of the Property upon Lender, nor for the carrying out of any of the terms and conditions of
<br />the Leases; nor shall it operate to make Lender responsible or liable for any waste committed on the Property,
<br />including without limitation the presence of any hazardous substances, or for any negligence in the management,
<br />upkeep, repair or control of the Property resulting in loss or injury or death to any lessee, licensee, employee, or
<br />stranger.
<br />CONDEMNATION. Grantor shall give Lender notice of any action taken or threatened to be taken by private or
<br />public entities to appropriate the Property or any part thereof, through condemnation, eminent domain or any
<br />other action. Further, Lender shall be permitted to participate or intervene in any of the above described
<br />proceedings in any manner it shall at its sole discretion determine. Lender is hereby given full power, right and
<br />authority to receive and receipt for any and all damages awarded as a result of the full or partial taking or
<br />appropriation and in its sole discretion, to apply said awards to the Indebtedness, whether or not then due or
<br />otherwise in accordance with applicable law. Unless Lender otherwise agrees in writing, any application of
<br />proceeds to the Indebtedness shall not extend or postpone the due date of the payments due under the
<br />Indebtedness or change the amount of 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 />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 Instrument or a default under any 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 />any person obligated on the Indebtedness; or
<br />(g) Lender deems itself insecure for any reason whatsoever.
<br />REMEDIES ON DEFAULT. Upon 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 surveys. 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 />O 2004.2010 Compliance Systems, Inc. c8eded2f-94a2d4cc • 2010.276.0.2
<br />Commercial Real Estate Security Instrument - DL4007 Page 4 of 7
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