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<br />200604495
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<br />hereby shall forthwith become due and payable, shall bear interest at the default rate provided for in the applicable
<br />notes and the Mortgagee may immediately foreclose this mortgage or pursue any other available legal remedy. The
<br />Mortgagee, in order to accelerate said indebtedness, shall not be required to make demand or give notice. In the
<br />event of any action by Mortgagee to enforce collection of this mortgage debt, the Mortgagors agree that any expense
<br />incurred to procure or extend an abstract of title shall, when paid by Mortgagee, become a part of the debt secured
<br />hereby, and shall be paid by Mortgagors together with all of the taxable costs of such action.
<br />6) That in the event action is brought to foreclose this Mortgage for all or any part of the debt secured
<br />hereby, the Mortgagee shall be entitled to immediate possession of the mortgaged premises, and the Court, or a
<br />Judge thereof in vacation, may appoint a receiver to take possession of said premises to collect and receive rents and
<br />profits arising therefrom; and from any moneys so collected, to pay taxes, provide insurance, make needed repairs to
<br />improvements upon the premises, and make any other expenditures authorized by the Court; and apply any sum
<br />remaining after the payment of such authorized expenditures upon the mortgage indebtedness. This right shall be in
<br />addition to and not a limitation to the rights of Mortgagee under a separate Assignment of Rents which may be
<br />executed by the Mortgagors.
<br />7) That failure or delay of Mortgagee to exercise any of its rights or privileges shall not be construed as a
<br />waiver thereof, that any act or Mortgagee waiving any specific default or Mortgagors shall not be construed as a
<br />waiver of any future defaults; that in case of default in the payment of any notes, installments or interest, or in case
<br />of payment by Mortgagee of any lien, judgment, tax, insurance, cost or expense said Mortgagee shall have the
<br />privilege, without declaring the whole indebtedness due and payable, to foreclose on account of such specific default
<br />for such sums as are in default and such foreclosure proceedings may be had and the land described herein may be
<br />sold, subject to the unpaid indebtedness hereby secured, and this mortgage shall continue as a lien for any unpaid
<br />balance.
<br />8) That in the event any awards are made to the Mortgagors or their successors in interest for taking or
<br />damaging by the exercise of eminent domain the whole or any part of the mortgaged premises or any easement
<br />therein, the said awards are hereby assigned to the Mortgagee; the Mortgagee is hereby authorized to collect, receive,
<br />and receipt therefore and the to apply the same in payment of any indebtedness, matured or unmatured, secured by
<br />this mortgage.
<br />9) That the Mortgagee may extend and defer the maturity of and renew and reamortize said indebtedness,
<br />release from liability any party liable thereon, and release from the lien thereof portions of the property covered
<br />hereby, without affecting the priority hereof or the liability of Mortgagors of any other party for the payment of said
<br />indebt-edness, all such extensions, deferments, renewals, and reamortizations to be secured hereby.
<br />10) Transfer of Security. It is agreed between the parties hereto, their heirs, legal representatives and
<br />assigns, that the integrity and responsibility of the Mortgagors constitutes a part of the consideration for the note
<br />secured hereby, and that in the event the Mortgagors shall sell, transfer, or convey the property described herein the
<br />Mortgagee may at its option declare the entire indebtedness immediately due and payable and may proceed in the
<br />enforcement of its rights as on any other default in the terms of the note and mortgage.
<br />11) To comply with all laws, ordinances, and regulations affecting the property.
<br />12) Borrower's activities. Borrower's activities regarding, and upon the subject property shall be carried
<br />out in such a manner so as to be at all times in complete compliance with all laws, ordinances, and regulations
<br />affecting the property, including all applicable laws and regulations concerning public health, safety and the
<br />environment.
<br />13) Compliance with Environmental Laws. The Borrower shall not do or permit any act, thing, business
<br />or operation, upon the property which materially increases the dangers, or poses an unreasonable risk of harm or
<br />contamination of the property, or impairs, or may impair, the value of the property, or any part thereof without the
<br />written consent of the Lender.
<br />14) The Borrower shall prevent the imposition of any liens or encumbrances against the Site or Facility
<br />for the costs of any response, removal, remedial action or clean up of hazardous substances found on the property
<br />and Borrower shall be solely responsible for and shall indemnify and hold harmless Lender, its directors, officers,
<br />employees, agents, successors and assigns from and against any loss, damage, cost, expense or liability directly or
<br />indirectly arising out of or attributable to environmental law violations on, under or about the Property.
<br />15) Condition of Property. The Borrower warrants and represents that the Site and Facility thereon,
<br />including all personal property, are free from contamination, that, to the Borrower's knowledge, there has not been
<br />thereon a release, discharge or emission, or threat thereof, of any environmentally hazardous substances and has no
<br />reason to suspect that the same has taken place. If Borrower or any tenant receives any notice of contamination or
<br />possible violations of any environmental laws or regulations upon the subect property, Borrower and any tenants
<br />shall immediately notify the Lender in writing within fifteen (15) days from receipt or submission of such notice.
<br />16) Environmental Assessments. Lender shall have the right, but not the obligation to, in its sole
<br />discretion, require Borrower to periodically (but not more frequently than annually) perform at Borrower's expense
<br />an environmental assessment of the property which must be satisfactory to Lender. Should Borrower fail to perform
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<br />initials:
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