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Loan No: 87215896
<br />202204598
<br />MORTGAGE
<br />(Continued) Page 4
<br />default under any security documents for such indebtedness.
<br />No Modification. Grantor shall not enter into any agreement with the holder of any mortgage, deed of trust, or
<br />other security agreement which has priority over this Mortgage by which that agreement is modified, amended,
<br />extended, or renewed without the prior written consent of Lender. Grantor shall neither request nor accept any
<br />future advances under any such security agreement without the prior written consent of Lender.
<br />CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage:
<br />Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and
<br />Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor
<br />may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be
<br />represented In the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to
<br />Lender such instruments and documentation as may be requested by Lender from time to time to permit such
<br />participation.
<br />Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by
<br />any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the
<br />net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net
<br />proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees
<br />incurred by Lender in connection with the condemnation.
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating
<br />to governmental taxes, fees and charges are a part of this Mortgage:
<br />Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to
<br />this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the
<br />Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses
<br />incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees,
<br />documentary stamps, and other charges for recording or registering this Mortgage.
<br />Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of
<br />Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Borrower
<br />which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this type of
<br />Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a
<br />specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Borrower.
<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage,
<br />this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available
<br />remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes
<br />delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender
<br />cash or a sufficient corporate surety bond or other security satisfactory to Lender.
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security
<br />agreement are a part of this Mortgage:
<br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property
<br />constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code
<br />as amended from time to time.
<br />Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect
<br />and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage
<br />in the real property records, Lender may, at any time and without further authorization from Grantor, file executed
<br />counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender
<br />for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove,
<br />sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal
<br />Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and
<br />make it available to Lender within three (3) days after receipt of written demand from Lender to the extent
<br />permitted by applicable law.
<br />Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information
<br />concerning the security Interest granted by this Mortgage may be obtained (each as required by the Uniform
<br />Commercial Code) are as stated on the first page of this Mortgage.
<br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and
<br />attorney-in-fact are a part of this Mortgage:
<br />Further Assurances. At any time, and from time to time, upon request of Lender. Grantor will make, execute and
<br />deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by
<br />Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices
<br />and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security
<br />agreements, financing statements, continuation statements, instruments of further assurance, certificates, and
<br />other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete,
<br />perfect, continue, or preserve (1) Borrower's and Grantor's obligations under the Note, this Mortgage, and the
<br />Related Documents, and (2) the liens and security interests created by this Mortgage as first and prior liens on
<br />the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to
<br />the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred In connection with the
<br />matters referred to in this paragraph.
<br />Attorney -In -Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so
<br />for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints
<br />Lender as Grantor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all
<br />other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in
<br />the preceding paragraph.
<br />FULL PERFORMANCE. If Borrower and Grantor pay all the Indebtedness when due, and Grantor otherwise performs all
<br />the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable
<br />satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing
<br />Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any
<br />reasonable termination fee as determined by Lender from time to time.
<br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this
<br />Mortgage:
<br />Payment Default. Borrower fails to make any payment when due under the Indebtedness.
<br />Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for
<br />taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien.
<br />Other Defaults. Borrower or Grantor fails to comply with or to perform any other term, obligation, covenant or
<br />condition contained In this Mortgage or in any of the Related Documents or to comply with or to perform any term,
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