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<br />Loan No: 611498
<br />
<br />MORTGAGE
<br />(Continued)
<br />
<br />200600109
<br />
<br />Page 4
<br />
<br />this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available
<br />remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes
<br />delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender
<br />cash or a sufficient corporate surety bond or other security satisfactory to Lender.
<br />
<br />SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security
<br />agreement are a part of this Mortgage:
<br />
<br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property
<br />constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code
<br />as amended from time to time.
<br />
<br />Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect
<br />and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage
<br />in the real property records, Lender may, at any time and without further authorization from Grantor, file executed
<br />counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shali reimburse Lender
<br />for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove,
<br />sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal
<br />Property not affixed to the 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 to the extent
<br />permitted by applicable law.
<br />
<br />Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information
<br />concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform
<br />Commercial Code) are as stated on the first page of this Mortgage.
<br />
<br />FURTHER ASSURANCES; ATTORNEY.IN-FACT. The following provisions relating to further assurances and
<br />attorney-in-fact are a part of this Mortgage:
<br />
<br />Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and
<br />deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by
<br />Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices
<br />and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security
<br />agreements, financing statements, continuation statements, instruments of further assurance, certificates, and
<br />other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete,
<br />perfect, continue, or preserve (1) Grantor's obligations under the Note, this Mortgage, and the Related
<br />Documents, and (2) the liens and security interests created by this Mortgage as first and prior liens on the
<br />Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the
<br />contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the
<br />matters referred to in this paragraph.
<br />
<br />Attorney-in-Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so
<br />for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints
<br />Lender as Grantor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all
<br />other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in
<br />the preceding paragraph.
<br />
<br />FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations
<br />imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this
<br />Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest
<br />in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee
<br />as determined by Lender from time to time.
<br />
<br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this
<br />Mortgage:
<br />
<br />Payment Default. Grantor fails to make any payment when due under the Indebtedness.
<br />
<br />Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for
<br />taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien.
<br />
<br />Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition
<br />contained in this Mortgage or in any of the Related Documents or to comply with or to perform any term,
<br />obligation, covenant or condition contained in any other agreement between Lender and Grantor.
<br />
<br />Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement,
<br />purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially
<br />affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to perform
<br />Grantor's obligations under this Mortgage or any related document.
<br />
<br />False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on
<br />Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect,
<br />either now or at the time made or furnished or becomes false or misleading at any time thereafter.
<br />
<br />Defective Collaterallzation. This Mortgage or any of the Related Documents ceases to be in full force and effect
<br />(including failure of any collateral document to create a valid and perfected security interest or lien) at any time and
<br />for any reason.
<br />
<br />Death or Insolvency. The dissolution or termination of Grantor's existence as a going business or the death of any
<br />partner, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any
<br />assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding
<br />under any bankruptcy or insolvency laws by or against Grantor.
<br />
<br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial
<br />proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency
<br />against any property securing the Indebtedness. This includes a garnishment of any of Grantor's accounts,
<br />including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith
<br />dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture
<br />proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with
<br />Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its
<br />sole discretion, as being an adequate reserve or bond for the dispute.
<br />
<br />Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and
<br />Lender that is not remedied within any grace period provided therein, including without limitation any agreement
<br />concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or I~t€,r.
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