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200507874
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200507874
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Last modified
10/17/2011 11:05:21 AM
Creation date
10/28/2005 11:51:36 AM
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DEEDS
Inst Number
200507874
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200507874 <br />(e) At any time after an Event of Default, the license granted hereinabove may be revoked by Lender, <br />and Lender or a receiver appointed in accordance with this Security Instrument may enter upon the Property, and <br />collect, retain and apply the Rents toward payment of the Debt in such priority and proportions as Lender in its sole <br />discretion shall deem proper. <br />(f) In addition to the rights which Lender may have herein, upon the occurrence of any Event of <br />Default, Lender, at its option, may require Borrower to pay monthly in advance to Lender, or any receiver appointed <br />to collect the Rents, the fair and reasonable rental value for the use and occupation of such part of the Property as <br />may be used and occupied by Borrower and may require Borrower to vacate and surrender possession of the <br />Property to Lender or to such receiver and, in default thereof, Borrower may be evicted by summary proceedings or <br />otherwise. <br />Section 7.02. Management of Property. (a) Borrower shall manage the Property or cause the Property to <br />be managed in a manner which is consistent with the Approved Manager Standard. All Space Leases shall provide <br />for rental rates comparable to then existing local market rates and terms and conditions which constitute good and <br />prudent business practice and are consistent with prevailing market terms and conditions, and shall be arrns- length <br />transactions. All Leases shall be on a form previously approved by Lender and shall provide that they are <br />subordinate to this Security Instrument and that the lessees thereunder attorn to Lender; provided, however, that the <br />foregoing shall not apply to month-to -month agreements entered into with respect to the use of mini- storage <br />facilities by Borrower in the ordinary course of business and on Borrower's standard form agreement. Borrower <br />shall deliver copies of all Major Space Leases, amendments, modifications and renewals thereof to Lender. All <br />proposed Major Space Leases for the Property shall be subject to the prior written approval of Lender, provided, <br />however that Borrower may enter into new commercial leases with unrelated third parties without obtaining the <br />prior consent of Lender provided that: (i) the proposed tenant is unrelated to a tenant under an existing Lease; (ii) the <br />proposed leases conform with the requirements of this Section 7.02; (iii) the space to be leased pursuant to such <br />proposed lease does not exceed 5,000 square feet; and (iv) the term of the proposed lease inclusive of all extensions <br />and renewals, does not exceed five (5) years. <br />(b) Borrower (i) shall observe and perform all of its material obligations under the Leases pursuant to <br />applicable Legal Requirements and shall not do or permit to be done anything to impair the value of the Leases as <br />security for the Debt; (ii) shall promptly send copies to Lender of all notices of default which Borrower shall receive <br />under the Leases; (iii) shall, consistent with the Approved Manager Standard, enforce all of the terms, covenants and <br />conditions contained in the Leases to be observed or performed; (iv) shall not collect more than five percent (5 %) of <br />monthly Rent under the Leases more than one (1) month in advance (except that Borrower may collect in advance <br />such security deposits as are permitted pursuant to applicable Legal Requirements and are commercially reasonable <br />in the prevailing market); (v) shall not execute any other assignment of lessor's interest in the Leases or the Rents <br />except as otherwise expressly permitted pursuant to this Security Instrument; (vi) shall not cancel or terminate any <br />of the Leases or accept a surrender thereof in any manner inconsistent with the Approved Manager Standard; (vii) <br />shall not convey, transfer or suffer or permit a conveyance or transfer of all or any part of the Premises or the <br />Improvements or of any interest therein so as to effect a merger of the estates and rights of, or a termination or <br />diminution of the obligations of, lessees thereunder; (viii) shall not alter, modify or change the terms of any guaranty <br />of any Major Space Lease or cancel or terminate any such guaranty; (ix) shall, in accordance with the Approved <br />Manager Standard, make all reasonable efforts to seek lessees for space as it becomes vacant and enter into Leases <br />in accordance with the terms hereof; (x) shall not materially modify, alter or amend any Major Space Lease or <br />Property Agreement without Lender's consent, which consent will not be unreasonably withheld or delayed; (xi) <br />shall notify Lender promptly if any Pad Owner shall cease business operations or of the occurrence of any event of <br />which it becomes aware affecting a Pad Owner or its property which might have any material effect on the Property; <br />and (xii) shall, without limitation to any other provision hereof, execute and deliver at the request of Lender all such <br />further assurances, confirmations and assignments in connection with the Property as are required herein and as <br />Lender shall from time to time reasonably require. <br />(c) All security deposits of lessees, whether held in cash or any other form, shall be treated by <br />Borrower as trust funds and shall be held in compliance with all Legal Requirements. Any bond or other instrument <br />which Borrower is permitted to hold in lieu of cash security deposits under applicable Legal Requirements shall be <br />51 <br />
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