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202505117 <br />to have been false in any material respect as of the time when made or given; (j) if any guarantor, or any other <br />party to any Related Documents in favor of Lender entered into or delivered in connection with the Indebtedness <br />terminates, attempts to terminate or defaults under any such Related Documents; (k) Lender has deemed itself <br />insecure or there has been a material adverse change of condition of the financial prospects of <br />Borrower/Grantor/Mortgagor or any collateral securing the obligations owing to Lender by <br />Borrower/Grantor/Mortgagor. Upon the occurrence of an event of default, the entire principal sum remaining <br />unpaid hereunder, together with accrued interest, may be declared immediately due and payable at the option of <br />the Lender. In addition, Lender may pursue any remedy available under the Indebtedness, at law or in equity. <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 />property of Lender. All abstracts of title, title insurance, tax histories, surveys, and other documents pertaining to <br />the Indebtedness will remain in Lender's possession until the Indebtedness is paid in full. <br />IN THE EVENT OF THE SALE OF THIS PROPERTY UNDER THE PROCEDURE FOR FORECLOSURE OF <br />A SECURITY INSTRUMENT BY ADVERTISEMENT, AS PROVIDED BY APPLICABLE LAW, OR IN THE <br />EVENT LENDER EXERCISES ITS RIGHTS UNDER THE ASSIGNMENT OF LEASES AND RENTS, THE <br />LENDER SHALL PROVIDE ALL STATUTORILY REQUIRED NOTICES OF SALE AND NOTICES OF <br />JUDICIAL HEARINGS BEFORE LENDER EXERCISES ANY OF ITS RIGHTS UNDER THIS <br />INSTRUMENT. <br />Upon the occurrence of an Event of Default, Lender may, without notice unless required by law, and at its option, <br />declare the entire Indebtedness due and payable, as it may elect, regardless of the date or dates of maturity thereof <br />and, if permitted by state law, is authorized and empowered to cause the Property to be sold at public auction, and <br />to execute and deliver to the purchaser or purchasers at such sale any deeds of conveyance good and sufficient at <br />law, pursuant to the statute in such case made and provided. The Trustee shall apply the proceeds of the Trustee's <br />sale, first, to the costs and expenses of exercising the power of sale and of the sale, including the payment of the <br />Trustee's fees actually incurred; second, to payment of the obligation secured by the trust deed; third, to the <br />payment of junior trust deeds, mortgages, or other lienholders and the balance, if any, to the person or persons <br />legally entitled thereto. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the <br />statements made in it. If Lender chooses to invoke the power of sale, Lender or Trustee will provide notice of sale <br />pursuant to applicable law. Any such sale or a sale made pursuant to a judgment or a decree for the foreclosure <br />hereof may, at the option of Lender, be made en masse. The commencement of proceedings to foreclose this <br />Security Instrument in any manner authorized by law shall be deemed as exercise of the above option. <br />Upon the occurrence of an Event of Default, Lender shall immediately be entitled to make application for and <br />obtain the appointment of a receiver for the Property and of the earnings, income, issue and profits of it, with the <br />powers as the court making the appointments confers. Grantor hereby irrevocably consents to such appointment <br />and waives notice of any application therefor. <br />The parties agree that the remedies available may be inadequate compensation for any loss. Therefore, to the <br />extent allowed by applicable law, in Lender's sole discretion, Lender may seek specific performance of any <br />promise, obligation, or covenant contained in this Security Instrument. Any defense in any action for specific <br />performance that the remedy at law would be adequate is waived. <br />To the extent allowed by law, all of Lender's rights and remedies, however evidenced and from whichever source <br />they derive, are cumulative in nature. Lender is entitled to exercise any remedy in any order it determines <br />appropriate. Lender may exercise remedies singularly or concurrently. <br />® TruStage Compliance Solutions 2004-2025 0al a4f51-4794bb38 - 2025.76.9.7 <br />Page 5 of 9 Commercial Real Estate Security Instrument - DL4007 <br />