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Loan No: 87275201 <br />MORTGAGE <br />(Continued) <br />202204600 <br />Page 4 <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 />attomey-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 on the Property, whether <br />now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, <br />Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this <br />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 attomey-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, <br />obligation, covenant or condition contained in any other agreement between Lender and Borrower or Grantor. <br />Default In Favor of Third Parties. Should Borrower or any Grantor default under any loan, extension of credit, <br />security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person <br />that may materially affect any of Borrower's or any Grantor's property or Borrower's ability to repay the <br />Indebtedness or Borrower's or Grantor's ability to perform their respective obligations under this Mortgage or any <br />of the Related Documents. <br />False Statements. Any warranty, representation or statement made or fumished to Lender by Borrower or Grantor <br />