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200112870
<br />amortization of the Note or change the amount of the monthly installments payable thereunder. Any
<br />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, shall not affect the guaranty of any person, corporation,
<br />partnership or other entity for payment of the indebtedness secured hereby, and shall not affect the lien, or
<br />priority of lien, hereof on the Property. Borrowers shall pay Lender a reasonable service charge, together
<br />with such title insurance premiums and reasonable attorney's fees as may be incurred at Lender's option,
<br />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. Borrowers 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 Trustor's breach of any covenant or agreement of Trustor
<br />contained in this Instrument, including the covenants to pay when due all sums secured by this
<br />Instrument, Lender shall have the remedies of a secured party under the Uniform Commercial Code and,
<br />at Lender's option, may also invoke the remedies provided in this Instrument as to such items. In
<br />exercising any of said remedies, Lender may proceed against the items of real property and any items of
<br />personal property specified above as part of the Property separately or together and in any order
<br />whatsoever, without in any way affecting the availability of Lender's remedies under the Uniform
<br />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. If Trustor becomes aware that any tenant proposes to do, or is doing, any act or thing which
<br />may give rise to any right of set -off against rent, Trustor shall (i) take such steps as shall be reasonably
<br />calculated to prevent the accrual of any right to a set -off against rent, (ii) notify Lender thereof and of the
<br />amount of said set -off, and (iii) within ten days after such accrual, reimburse the tenant who shall have
<br />acquired such right to set -off or take such other steps as shall effectively discharge such set -off and as
<br />shall assure that rents thereafter due shall continue to be payable without set -off or deduction.
<br />Upon Lender's request, Trustor shall further assign to Lender, by written instrument satisfactory
<br />to Lender, all leases now existing or hereafter made of all or any part of the Property and all security
<br />deposits made by tenants in connection with such leases of the Property. Upon assignment by Trustor to
<br />Lender of any leases of the Property, Lender shall have all of the rights and powers possessed by Trustor
<br />prior to such assignment and Lender shall have the right to modify, extend or terminate such existing
<br />leases and to execute new leases, in Lender's sole discretion.
<br />17. [INTENTIONALLY DELETED]
<br />18. ASSIGNMENT OF RENTS AND REVENUES; APPOINTMENT OF RECEIVER;
<br />LENDER IN POSSESSION. As part of the consideration for the loan evidenced by the Note, Trustor
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