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99 110699
<br /> MORTGAGE Page 4
<br /> (Continued)
<br /> No Modification. Grantor shall not enter into any agreement with the holder of any mortgage, deed of trust, or other security agreement
<br /> which has priority over this Mortgage by which that agreement is modified,amended,extended,or renewed without the prior written consent
<br /> of Lender. Grantor shall neither request nor accept any future advances under any such security agreement without the prior written consent
<br /> of Lender.
<br /> CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage:
<br /> Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take
<br /> such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but
<br /> Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice,and Grantor
<br /> will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to
<br /> permit such participation.
<br /> Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or
<br /> purchase in lieu of condemnation,Lender may at its election require that all or any poRion of the net proceeds of the award be applied to the
<br /> Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all
<br /> reasonable costs,expenses,and attorneys'fees incurred by Lender in connection with the condemnation.
<br /> IMPOSITION OF TAXES,FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes,
<br /> fees and charges are a�rt of this Mortgage: --- - - -
<br /> Current Taxes,Fees and Charges. Upon request by Lender,Grantor shall execute such documents in addition to this Mortgage and take
<br /> whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for
<br /> all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without
<br /> limitation all taxes,fees,documentary stamps,and other charges for recording or registering this Mortgage.
<br /> Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part
<br /> of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from
<br /> payments on the Indebtedness secured by this rype of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the
<br /> holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by
<br /> Grantor.
<br /> Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the
<br /> same effect as an Event of Default,and Lender may exercise any or all of its available remedies for an Event of Default as provided below
<br /> unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens
<br /> section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
<br /> SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of
<br /> this Mortgage:
<br /> Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures or other
<br /> personal property,and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to
<br /> time.
<br /> Security Interest. Upon request by Lender, Grantor shall execute financing statements and take whatever other action is requested by
<br /> Lender to perfect and continue Lender's security interest in the Personal Property. In addition to recording this Mortgage in the real property
<br /> records, Lender may, at any time and without further authorization from Grantor,file executed counterparts,copies or reproductions of this
<br /> Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest.
<br /> Upon default, Grantor shall assemble the Personal Property in a manner and at a place reasonably convenient to Grantor and Lender and
<br /> make it available to Lender within three(3)days after receipt of written demand from Lender.
<br /> Addresses. The mailing addresses of Grantor(debtor)and Lender(secured party)from which information concernirJa ihe security interest
<br /> granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on-3Ae first page of this
<br /> Mortgage. _ _ __ . _._,_ ._.
<br /> FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this
<br /> Mortgage:
<br /> Further Assurances. At any time,and from time to time, upon request of Lender,Grantor will make,execute and deliver,or will cause to be
<br /> made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or
<br /> rerecorded,as the case may be,at such times and in such offices and places as Lender may deem appropriate,any and all such mortgages,
<br /> deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance,
<br /> certificates,and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate,complete, perfect,
<br /> continue,or preserve (1) Grantor's obligations under the Note,this Mortgage,and the Related Documents,and (2) the liens and security
<br /> interests created by this Mortgage on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or
<br /> Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters
<br /> referred to in this paragraph.
<br /> Attorney-in-Fact. If Grantor fails to do any of the things referred to in the preceding paragraph,Lender may do so for and in the name of
<br /> Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney-in-fact for the
<br /> - purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole
<br /> opinion,to accomplish the matters referred to in the preceding paragraph.
<br /> FULL PERFORMANCE. If Grantor pays all the Indebtedness when due,and otherwise performs all the obligations imposed upon Grantor under
<br /> this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any
<br /> financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by
<br /> applicable law,any reasonable termination fee as determined by Lender from time to time.
<br /> EVENTS OF DEFAULT. At Lender's option,Grantor will be in default under this Mortgage if any of the following happen:
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