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<br />Property, consent to any map or plan of the Property, consent to the granting of any easement, join in any
<br />extension or subordination agreement, or agree in writing with Borrowers to modify the rate of interest or
<br />period of amortization of the Note or change the amount of the monthly installments payable thereunder.
<br />Any actions taken by Lender pursuant to the terms of this paragraph shall not affect the obligation of
<br />Borrowers or Burrowers' successors or assigns to pay the sums secured by this Instrument and to observe
<br />the covenants of Trustor contained herein or the other Loan Documents, shall not affect the guaranty of
<br />any person, corporation, partnership or other entity for payment of the indebtedness secured hereby, and
<br />shall not affect the lien, or priority of lien, hereof on the Property. Borrowers shall pay Lender a
<br />reasonable service charge, together with such title insurance premiums and reasonable attorney's fees as
<br />may be incurred at Lender's option, for any such action if taken at Trustor's request.
<br />13. FORBEARANCE BY LENDER NOT A WAIVER. No waiver by Lender of any right
<br />under this Instrument shall be effective unless in writing. Waiver by Lender of any right granted to
<br />Lender under this Instrument or of any provision of this Instrument as to any transaction or occurrence
<br />shall not be deemed a waiver as to any future transaction or occurrence. By accepting payment of any
<br />sum secured hereby after its due date or by making any payment or performing any act on behalf of
<br />Trustor that Trustor was obligated hereunder but failed to make or perform, or by adding any payment so
<br />made by Lender to the indebtedness secured hereby, Lender does not waive its right to require prompt
<br />payment when due of all sums so secured or to require prompt performance of all other acts required
<br />hereunder, or to declare a default for failure so to pay.
<br />14. ESTOPPEL CERTIFICATE. Trustor shall, within ten (10) days following a written
<br />request from Lender, furnish Lender with a written statement, duly acknowledged, setting forth the sums
<br />secured by this Instrument and any right of set -off, counterclaim or other defense which Borrowers
<br />believe exists against such sums or the obligations of this Instrument.
<br />15, UNIFORM COMMERCIAL CODE SECURITY AGREEMENT. This Instrument is
<br />intended to be a security agreement pursuant to the Uniform Commercial Code for any of the items
<br />specified above as part of the Property which, under applicable law, may be subject to a security interest
<br />pursuant to the Uniform Commercial Code, and Trustor hereby grants Lender a security interest in said
<br />items. Trustor agrees that Lender may file this Instrument, or a reproduction thereof, in the appropriate
<br />records or index for Uniform Commercial Code filings as a financing statement for any of the items
<br />specified above as part of the Property. Any reproduction of this Instrument or of any other security
<br />agreement or financing statement shall be sufficient as a financing statement. In addition, Trustor agrees
<br />to execute and deliver to Lender, upon Lender's request, any financing statements, as well as extensions,
<br />renewals and amendments thereof, and reproductions of this Instrument in such form as Lender may
<br />require to perfect a security interest with respect to said items. Trustor shall pay all costs of filing such
<br />financing statements and any extensions, renewals, amendments and releases thereof, and shall pay all
<br />reasonable costs and expenses of any record searches for financing statements Lender may reasonably
<br />require. Without the prior written consent of Lender, Trustor shall not create or suffer to be created
<br />pursuant to the Uniform Commercial Code any other security interest in said items, including
<br />replacements and additions thereto. Upon Borrowers' unsecured default in any covenant or agreement of
<br />Borrowers contained in this Instrument or the other Loan Documents, including the covenants to pay
<br />when due all sums secured by this Instrument, Lender shall have the remedies of a secured party under
<br />the Uniform Commercial Code and, at Lender's option, may also invoke the remedies provided in this
<br />Instrument as to such items. In exercising any of said remedies, Lender may proceed against the items of
<br />real property and any items of personal property specified above as part of the Property separately or
<br />together and in any order whatsoever, without in any way affecting the availability of Lender's remedies
<br />under the Uniform Commercial Code or of the remedies provided elsewhere in this Instrument.
<br />16. LEASES OF THE PROPERTY. Trustor shall comply with and observe Trustor's
<br />obligations as landlord under all leases of the Property or any part thereof. Trustor, at Lender's request,
<br />shall furnish Lender with executed copies of all leases now existing or hereafter made of all or any part of
<br />the Property, and all leases now or hereafter entered into will be in form and substance subject to the
<br />terms as specified in an Assignment of Leases and Rents executed by Borrowers on an even date
<br />herewith. Unless otherwise waived by Lender, all leases of the Property entered into after the execution
<br />of this Instrument shall specifically provide that such leases: (a) are subordinate to this Instrument; (b)
<br />that the tenant attorns to Lender, such attornment to be effective upon Lender's acquisition of title to the
<br />Property; (c) that the tenant agrees to execute such further evidences of attornment as Lender may from
<br />time to time request; and (d) that the attornment of the tenant shall not be terminated by foreclosure.
<br />Trustor shall not, except in the ordinary course of business and in accordance with the Assignment of
<br />Leases and Rents, modify, either orally or in writing, any lease now existing or hereafter made of all or
<br />any part of the Property, permit an assignment or sublease of such a lease without Lender's consent,
<br />request or consent to the subordination of any lease of all or any part of the Property to any lien
<br />subordinate to this Instrument except as permitted in the Assignment of Leases and Rents. If Mortgagor
<br />becomes aware that any tenant proposes to do, or is doing, any act or thing which may give rise to any
<br />right of set -off against rent, Mortgagor shall (i) take such steps as shall be reasonably calculated to
<br />prevent the accrual of any right to a set -off against rent, (ii) notify Lender thereof and of the amount of
<br />said set -off, and (iii) within ten days after such accrual, reimburse the tenant who shall have acquired such
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