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200400766
<br />settlement regarding the existence of Hazardous Substances on or under the Property or
<br />the use, generation, or disposal thereof by Borrower or any tenant or previous owner or
<br />tenant. The Property is and at all times has been in compliance with Applicable
<br />Environmental Laws. No notice, demand, claim, or other communication has been
<br />received by Borrower or any tenant from any governmental or other entity or individual
<br />claiming any violation of or demanding compliance with any Applicable Environmental
<br />Law, or demanding payment, contribution, remedial action or any other action or inaction
<br />with respect to any actual or alleged environmental damage or condition. THE
<br />FOREGOING WARRANTIES AND REPRESENTATIONS, AND BORROWER'S
<br />OBLIGATIONS PURSUANT TO THIS PARAGRAPH 12 (i), SHALL SURVIVE
<br />REPAYMENT OF THE NOTE AND THE RECONVEYANCE OF THIS SECURITY
<br />INSTRUMENT.
<br />13. CONDEMNATION. Borrower shall promptly provide Lender with notice of any
<br />condemnation, eminent domain, change of grade or other proceedings with respect to the Property. All
<br />moneys and awards payable as damages and/or compensation for the taking of title to or possession of, or
<br />for damage to, or on account of change of grade affecting, any portion of the Property by reason of any
<br />condemnation, eminent domain, change of grade, or other proceeding shall, at the option of the Lender, be
<br />paid to the Lender, and such moneys and awards are hereby assigned to Lender, and judgment therefor
<br />shall be entered in favor of Lender, and when paid shall be used at its option toward the payment of any
<br />indebtedness, taxes, assessments, repairs or other items for the payment of which this Security Instrument
<br />is given as security, whether the same be then due or not and in such order or manner as Lender may
<br />determine, or for the restoration or repair of the Property, and any amount not so used shall be released by
<br />the Lender to the Borrower. Such application or release shall not cure or waive any default or notice of
<br />default hereunder or invalidate any act done pursuant to such notice.
<br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to
<br />Principal shall not extend or postpone the Due Date of the Installments referred to in Paragraphs 1 and 2
<br />hereof or change the amount of such Installments.
<br />14. BORROWER NOT RELEASED. Extension of the time for payment or modification of
<br />amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest
<br />or permitted assignee of Borrower shall not operate to release, in any manner, the liability of the original
<br />Borrower or Borrower's guarantors. Lender shall not be required to commence proceedings against such
<br />successor or assignee or refuse to extend time for payment or otherwise modify amortization of the sums
<br />secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's
<br />guarantors.
<br />15. LENDER'S POWERS. Without affecting the liability of Borrower or any other person
<br />liable for the payment of any obligation secured hereby, and without affecting the lien or charge of this
<br />Security Instrument upon any portion of the Property not then or heretofore released as security for the full
<br />amount of all unpaid obligations, Lender may, from time to time and without notice to Borrower (i) release
<br />any person so liable, (ii) extend or renew the maturity or alter any of the terms of any such obligations, (iii)
<br />grant other indulgences, (iv) release or reconvey, or cause to be released or reconveyed at any time at
<br />Lender's option any parcel, portion or all of the Property, (v) take or release any other or additional security
<br />for any obligation herein mentioned, or (vi) make compromises, settlements, or other arrangements with
<br />debtors in relation thereto.
<br />16. FORBEARANCE BY LENDER NOT A WAIVER. Any forbearance by Lender in
<br />exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of
<br />or preclude the subsequent exercise of any such right or remedy. Likewise, the waiver by Lender of any
<br />default by Borrower hereunder shall not be deemed to be a waiver of any other or subsequent default by
<br />Borrower hereunder. The procurement of insurance or the payment of taxes or other liens or charges by
<br />Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this
<br />Security Instrument in the event of Borrower's default hereunder.
<br />17. REMEDIES CUMULATIVE. All remedies provided in this Security Instrument are distinct
<br />and cumulative to any other right or remedy under this Security Instrument or afforded by law or equity,
<br />and may be exercised concurrently, independently or successively.
<br />18. ASSIGNMENT; SUCCESSORS AND ASSIGNS BOUND; JOINT AND SEVERAL
<br />LIABILITY; CAPTIONS. Lender may assign its rights and obligations hereunder by notice to
<br />Borrower. Borrower may not assign its rights or obligations hereunder, whether by contract or operation of
<br />law, without the prior written consent of Lender, which may be withheld in Lender's sole discretion. The
<br />covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective
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