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, . • • � 99- �.��{ss� 9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable up the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of the Property. This right is subject to the restrictions imposed by federal law(12 C.F.R.591), as applicable. This covenant shall run with the Property and shall remain � � in effect until the Secured Debt is paid in full and this Security Instntment is released. (,fl �^ 10. PROPERTY CONDITION,ALTERATIONS AND INSPECTION. Grantor will � n keep the Property in good condition and make all repairs that are reasonably G- necessary. Grantor shall nqt commit or allow any waste, impairment, or deterioration � of the Property. Grantor will keep the Property free of noxious weeds and grasses. � Grantor agrees that the nature of the occupancy and use will not substantially change Q; without Lender's prior written consent. Grantor will not permit any change in any . license, restrictive covenant or easement without Lender's prior written consent. Grantor will notify Lender of all demands, proceedings, claims, and actions against Grantor, and of any loss or damage to the Property. Lender or Lender's agents may, �t Lender's option, enter the Property any reasonable time for the purpose of inspecting the Property. Lender sha11 give Grantor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirety for Lender's benefit and Grantor will in no way rely on Lender's inspection. 11.AUTHORITY TO PERFORM. If Grantor fails to p�rform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Grantor appoints Lender as attorney in fact to si�n Grantor's name or pay any amount necessary for performance. Lender's right to perform for Grantor shall not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a reasanable manner, Lender may take all steps necessary to protect Lender's security interest in the Property, including completion of the construction. 12.ASSIGNMENT OF LEASES AND It�NTS. Grantor inevocably grants, conveys and sells to Trustee, in trust for the benefit of Lender, as additional security all the right,title and interest in and to any and all existing or future leases, subleases, and any other written or verbal ageements for the use and occupancy of any portion of the Property, including any extensions, renewals, modifications or substitutions of such agreements(all referred to as"Leases") and rents, issues and profits(all referred to as"Rents"). Grantor will promptly provide Lender with true and conect copies of all existing and future Leases. Grantor may collect, receive, enjoy and use the Rents so long as Grantor is not in default under the terms of this Security Instrument. Grantor acknowledges that this assignment is perfected upon the recording of this Deed of Trust and that Lender is entitled to notify any of Crrantor's tenants to make payment of Rents due or to become due to Lender. However, Lender a�rees that only on default will Lender notify Grantor and Grantor's tenants and make demand tha.t all future Rents be paid directly to Lender. On receiving notice of default, Grantor will endorse and deliver ta Lender any payment of Rents in Grantor's possession and will receive any Rents in trust for Lender and will not commingle the Rents with any other funds. Any amounts collected will be applied as provided in this Security Instrument. Grantor warrants that no default exists under the Leases or any applicable landlord/tenant law. Grantor also agrees to maintain and require any tenant to comply with the terms of the Leases and applicable law. 13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Crrantor agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a planned unit development, Grantor will perform all of Grantor's duties under the covenants, by- laws, or regulations of the condominium or planned unit development. 14.DEFAULT. Grantor will be in default if any party obligated on the Secured Debt fails to make payment when due, Grantor will be in default if a breach occurs under the terms of this Security Instrument or any other document executed for the purpose of creating, or securing or guarantying the Secured Debt. A good faith belief by Lender that Lender at any time is insecure with respect to any person or entity obligation on the Secured Debt or that the prospe�ct of any payment or the value of the Property is impaired shall also constitute an event of default. I