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200408871
<br />in connection with any such condemnation or other taking of the Property, or part thereof, or for conveyances in lieu
<br />of condemnation, are hereby assigned to and shall be paid to Lender.
<br />Borrower authorizes Lender to apply such awards, payments, proceeds or damages, after the deduction of
<br />Lender's expenses incurred in the collection of such amounts, at Lender's option, to restoration or repair of the
<br />Property or to payment of the sums secured by this Instrument, whether or not then due, in the order of application
<br />set forth in Paragraph 3 hereof, with the balance, if any, to Borrower. Unless Borrower and Lender otherwise agree
<br />in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly
<br />installments referred to in Paragraphs 1 and 2 hereof but shall only change the amount of such installments.
<br />Borrower agrees to execute such further evidence of assignment of any awards, proceeds, damages or claims arising
<br />in connection with such condemnation or taking as Lender may require.
<br />12. BORROWER AND LIEN NOT RELEASED. From time to time, Lender may, at Lender's
<br />option, without giving notice to or obtaining the consent of Borrower, Borrower's successors or assigns or of any
<br />junior lienholder or guarantors, without liability on Lender's part and notwithstanding Borrower's breach of any
<br />covenant or agreement of Borrower in this Instrument, extend the time for payment of said indebtedness or any part
<br />thereof, reduce the payments thereon, release any other persons secondarily or otherwise liable on any of said
<br />indebtedness, accept a renewal note or notes therefor, modify the terms and time of payment of said indebtedness,
<br />release from the lien of this Instrument any part of the Property, take or release other or additional security, reconvey
<br />any part of the Property, consent to any map or plan of the Property, consent to the granting of any easement, join in
<br />any extension or subordination agreement, or agree in writing with Borrower to modify the rate of interest or period
<br />of amortization of the Note or change the amount of the monthly installments payable thereunder. Any actions
<br />taken by Lender pursuant to the terms of this paragraph shall not affect the obligation of Borrower or Borrower's
<br />successors or assigns to pay the sums secured by this Instrument and to observe the covenants of Borrower
<br />contained herein, shall not affect the guaranty of any person, corporation, partnership or other entity for payment of
<br />the indebtedness secured hereby, and shall not affect the lien, or priority of lien, hereof on the Property. Borrower
<br />shall pay Lender a reasonable service charge, together with such title insurance premiums and reasonable attorney's
<br />fees as may be incurred at Lender's option, for any such action if taken at Borrower's request.
<br />13. FORBEARANCE BY LENDER NOT A WAIVER. No waiver by Lender of any right under
<br />this Instrument shall be effective unless in writing. Waiver by Lender of any right granted to Lender under this
<br />Instrument or of any provision of this Instrument as to any transaction or occurrence shall not be deemed a waiver as
<br />to any future transaction or occurrence. By accepting payment of any sum secured hereby after its due date or by
<br />making any payment or performing any act on behalf of Borrower that Borrower was obligated hereunder but failed
<br />to make or perform, or by adding any payment so made by Lender to the indebtedness secured hereby, Lender does
<br />not waive its right to require prompt payment when due of all sums so secured or to require prompt performance of
<br />all other acts required hereunder, or to declare a default for failure so to pay.
<br />14. ESTOPPEL CERTIFICATE. Borrower shall, within ten (10) days following a written request
<br />from Lender, furnish Lender with a written statement, duly acknowledged, setting forth the sums secured by this
<br />Instrument and any right of setoff, counterclaim or other defense which Borrower believes exists against such sums
<br />or the obligations of this Instrument.
<br />15. UNIFORM COMMERCIAL CODE SECURITY AGREEMENT. This Instrument is intended
<br />to be a security agreement pursuant to the Uniform Commercial Code for any of the items specified above as part of
<br />the Property which, under applicable law, may be subject to a security interest pursuant to the Uniform Commercial
<br />Code, and Borrower hereby grants Lender a security interest in said items. Borrower agrees that Lender may file
<br />this Instrument, or a reproduction thereof, in the appropriate records or index for Uniform Commercial Code filings
<br />as a financing statement for any of the items specified above as part of the Property. Any reproduction of this
<br />Instrument or of any other security agreement or financing statement shall be sufficient as a financing statement. In
<br />addition, Borrower agrees to execute and deliver to Lender, upon Lender's request, any financing statements, as well
<br />as extensions, 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. Borrower shall pay all costs of filing such financing
<br />statements and any extensions, renewals, amendments and releases thereof, and shall pay all reasonable costs and
<br />expenses of any record searches for financing statements Lender may reasonably require. Without the prior written
<br />consent of Lender, Borrower shall not create or suffer to be created pursuant to the Uniform Commercial Code any
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