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<br /> (c) All applicable laws and regulations, induc�ng,withcut limitation, the Americans with Disabilities Act, 42 U.S.C. Section 12101 et seq. (and aU
<br /> • regtdationa prorrxilpated thereunder)and all zoning and building laws and regulations relating to the Property by virtue of any federat,state or munidpal
<br /> aulhority with juriadiction over the Property,preaenUy are and shall be observed and complied with in all material respecis,and all rigMs,licenses,
<br /> pem�its,and oertiflcates of oxupanq(indu�ng but not limited to zoning variances,special exceptions for nonconfortning uses,and final inspection
<br /> approvals), whett�er temporary ar pemnaneM,whkh are rt�aterial to the use and oxupancy of the Propeny, preserrtly are and shall be obtained,
<br /> preaerved and.where neoessary,renewed;
<br /> (� Granta has the rigM ar�d is duly authorized to execute and perform its Obiigations under this Deed of Trust and these actions do not and shall not
<br /> oonflict wflh the provisio�s of any statute,regulaUon,orc�nance,nile of law,oontract or other agreement which may be binding on Grarrtor at any time;
<br /> (e) No action or prooeeding ia or ahall be pending or threatened which Mght materially affect the Property;and
<br /> (� (i�antor has not vblated and shaN not violate any statute,regulation,ordinance,rule of law,contract or other agreement(induding,but not limited to,
<br /> those goveming Hazardous Materials)wh�h migM materially affect the Property or Lender's rights or interest in the Property pursuant to this Deed of
<br /> Trust.
<br /> 3. PRIOR DEED8 OF TRUST. Grantor represems and warrarrts that there are no prior deeds of trust affecting any part of the Properry except as set forth
<br /> on ScMdule B attached to this Deed of Trust,which Grantor agrees to pay and pertorm in a timely manner. If there are any prior deeds of trust then
<br /> G►entor agroea to pay all amounta owed,and pertorm aU obligations required under such deeds of trust and the indebtedness secured thereby and further
<br /> � �the Obl'nigations t whk�Lender would be errtitled in the eveM oft�isy D'eed o�fe��t and shall eniftle Lender to all rfghts and remedies contained
<br /> 4. TRAN8FER8 OF THE PROPERTY OR BENEFICIAL INTERESTS IN GHANTORS OR BORROWER3. In the event of a sale,corneyanoe,lease,
<br /> oomraei for deed or transfer to any person of alt or any part of the real property described in Schedule A,or any interest thereln,or of all or any beneficial
<br /> b�ler�st k�Bor►ower or Grsnta(if Borrower or GraMor is not a naturai person or persons but Is a corporation,limhed ilabiliry company,partnership,trust,or
<br /> oUter kgal eMiry),Lender may,at its option declare the outstanding principal balance of the Obligatfons plus accrued interest thereon irm�ediately due and
<br /> peYable. At Lender's request,Cuarnor or 8orrower,as the case may be,shall fumish a complete staiemerrt setting forlh all of its stockholders,members,or
<br /> pertnars,aa appropriate,and the extern of their respedive ownership irrterests.
<br /> 6. A8SKiNYENT OF RENT8. In conaideration of ihe Obligations,which are secured by this Deed of Trust, Grantor absolutely assigns to Lender all
<br /> C,ranta'a estste, tltle, irnerest, daim and demar►d now owned or hereafter acquired in all existing and future leases of the Property (including
<br /> e es
<br /> sxlenaiont,renew and aubleases),all agreements for use and oxupancy of the Property(all such leases and agreemems whether written or oral,are
<br /> Fieres(ta►refeRSd to as the"Leases'�,and atl guarantfes of lessees'perfomience under the Leases,together with the irrrr�ediate and c�ntinuing right to
<br /> ooMeq and►eceive ap oi the rents,inoome,recefpta,revenues,issues,proftts and other income of any nature now or hereaRer due(induding any income of
<br /> arry nature oominp due c�uing any redemption perio�under the Leases or from or arising out of the Property indu�ng minimum rerrts,additional rents,
<br /> psr�entape reMs, parldng or cortxnon area maimenance wMributions, tax and insurance conMbuifons, deficiency rerris, liquidated damagea following
<br /> default in any Lease, all proceeda payabie under any policy of insurance covering toss of rents resuhing irom urrtenamability caused by destruction or
<br /> dart�e to the Property, ap proceeda payable as a rewlt of a lessee's exercise of an option to purchase the Prope►ty, all proceeds derived from the
<br /> tertr�natiai or rejection of any Lease in a banlwptcy or other insolvency procee�ing,and all proceeds from any rigMs and dalms of any kind which Grantor
<br /> may have ageinst any lessee under the Leases or any oxuparrts of the Propetty(all of the above are hereafter collectively referred to as the"Rerrts"). This
<br /> �q�is aubjecl to the�igM power and authorlty given to the Lender to collect and apply the Rents. This assignment is recorded in axordance with
<br /> �ate taw;the lien created by this assignmeM la iMended to be speafic,perfected,and choate upon ihe recording of this Deed of Trust,all as
<br /> provided by applicable state Isw as amended from time to time. As long as there is no default under the Obligations or this Deed of Tnist, Lender grants
<br /> Granta a revccable lice�se to collecM all Rems from the Leases when due and to use such proceeds in Grantor's businessoperations. However,Lender
<br /> may at any time require(3rantor to deposit all Rerns irno an axoum mairrtained by Gramor or Lender at Lender's institution. Upon defauft in the paymern
<br /> of,or in the peiiorrnence of,any of the obligations,Lender may at its optbn take possession of the Property and have,hold,manage,lease and operate the
<br /> Prope�y on terrns and for a period of time that Lender deems proper. Lender may proceed to cotlect and receive all Rents from the properly,and Lender
<br /> sha�havs fuU power to make alteratbns,renoveUons,repairs or replaoemerns to the Property as Lender may deem proper. Lender may apply all Rems in
<br /> Lerider's sale discretion to payment of the Obligations or to the paymern of the cost of such alterations,renovations, repairs and replacements and any
<br /> expenaes inadent to taldng and retaining possession of the Property periodically and the management and operation of the Property. Lender may keep the
<br /> PropaAy properiy inwred and may dfscharge any taxes,charges,da�ms,assessments and other liens whlch may axrue. The expense and cost of these
<br /> adions mey be peid(rom the Rerns received,and any unpaid arnourns shall be added to the prinapal of the Obligations. These amourds,together with
<br /> oU�er oosts,shall beoo��e paA of the Ohligations secured by ihis Deed of Trust.
<br /> 6. USE AND 1AAINTENANCE OF PROPERTY. Grarnor shal�take ail actions and make any repairs needed to maintain the Property in good condition.
<br /> (�antor sheN not corm�t or permit any waste to be corrMtted with respect to the PropeRy. Grantor shall use the Properry solely In compliance with
<br /> applicable law and insu�ance poNcies. Grantor shali not make any alterations,add'itions or improvements to the Property without Lender'a prior written
<br /> oonaent. Without limiting the foregoing,all afterattons,ad�tions and improvements made to the Property shall be subject to the beneficial interest belonging
<br /> to Larxbr,shell not be rertwved without Lender's pr(or wririen consent,and shall be made at GraMor's sole expense.
<br /> 7. LOSS OR DAMAGE C3�antor shall bear the ernire�isk of any loss,theft,desiruction or damage(cumulatively"Loss or Damage")to the Property or any
<br /> paiion tt�ereof from any cause whatsoever. In the everrt of any Loss or Damage,Grantw shail,at the option of Lender,repair the affected Property to its
<br /> previou�candidon or pay or cause to be paid to Lender the decrease in the fatr rtrarket value of the affected Property.
<br /> a INSURANCE The Property wiil be kept insured for its full insurable value(replacemeM eost)against all hazards induding loss or dartgge caused by
<br /> flood,sarltiqualcs, tomado and flre, theit or other casualty to the exteM required by Lender. Gtamor may obtain insurance on the Property from such
<br /> oompenies as are axeplable to lender in fts sole discxetion. The insurance polides shall require the insurance company to provide Lender with at least
<br /> 3 0 days'written notke before such poliaes are attered or canceiled in any manner. The insurance polldes shall name Lender as a loss
<br /> payee a�n o�d"e that no act or omiasion of Grantor or any other person shall affect the rigM of Lender to be paid the insurance proceeda pertaining to the
<br /> bss or derrege of the Property. In the event Gramor fails to acquire or mairnain lnsurance,Lender(afler providing notice as may be required by law)may
<br /> in its dis�etion procure appropriate insurance coverage upon the Properry and the insurance cost shall be an advance payable and bearing irnerest as
<br /> das�xxibed in the'REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER" paragraph and secured hereby. Grantor shall fumish Lsnder with
<br /> evide�ioa of fnsurance inc�cating the required coverage. Lender may act as attomey-in-fact for Grantor in maldng and settling daims under insurance
<br /> p canoetling any policy or endorsing Grarnor's name on any drafl or negotiable instrument�awn by any insurer. All such insurance polic(es shall be
<br /> inm�iedi�at�y assigned,pledged and delfvered to Lender as further security for the Obligations. In the evern of toss,Grarrtor shalt imrne�ately give Lende►
<br /> written not(ce and Lender is autho�ized to rr�ak�e proof of loss. Each insurance company is directed to make payments�rectly to Lender instead of to
<br /> lender and Grarnor. lender shall have the right, at its sole option,to apply such monies toward the Obligations or toward the cost of rebuilding and
<br /> restoring ihe Property. My amouMs may at Lender's option be apptied in the inverse order of the due dates thereof.
<br /> 0. 20NING AND PRIVATE COVENANTS. Grarnor shall not initiate or consent to any change in the zoning provisions or private covenants affecting the
<br /> use of the Properly without Lender's prior written conseM. If Grantor's use of the Property becomes a nonconforming use under any zoning provision,
<br /> (3�anta shall not cause or pem�it such use to be discorrtinued or abandoned without the prior written oonsern of Lender. Grantor will irm�ediately provide
<br /> Lender wilh written notice of arry proposed changes to the zoning provisions or private covenarris affecting the Property.
<br /> 10. CONDEMNATION. Grantor shali imnediately provide Lender with written notice of any actual or threatened oondemnation or emnem domain
<br /> prooseding pertaining to the Property. All monies payable to Grantor irom such condemnation or taldng are hereby assigned to lender and shall be applied
<br /> flM to the paymerd of Lender's attomeys'fees,legal expenses and other costs(induding appraisal fees)in connection with the candermation or eminent
<br /> dort�prooeecinps and then,at the option of Lender,to the payment of the Obiigations or the restoration or repair of the Property.
<br /> r�oo�a�.��
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