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200608119
<br />8714801
<br />Trustee shall deliver to the purchaser Lender's deed conveying the Property so sold without any covenant or warranty,
<br />expressed or implied. The recitals in Lender's deed shall be prima facie evidence of the truth of the statements made therein. The
<br />proceeds of the sale shall be applied in the following order; (a) to all costs and expenses of the sale, including, but not limited to,
<br />attorney's fees and costs of title evidence; (b) to all sums secured by this Instrument in such order as Lender, in Lender's sole
<br />discretion, directs, and (c) the excess, if any, to the clerk of the Circuit Court, of the county in which the sale is held.
<br />28. RELEASE. Upon payment of all sums secured by this Instrument, Lender shall release this Instrument. Borrower shall pay
<br />Lender's reasonable costs incurred in releasing this Instrument.
<br />29. WAIVER OF HOMESTEAD AND REDEMPTION. Borrower hereby waives all right of homestead exemption in the
<br />Property. Borrower hereby waives all right of redemption on behalf of Borrower and on behalf of all other persons acquiring any
<br />interest or title in the Property subsequent to the date of this Instrument, except decree or judgment creditors of Borrower.
<br />30. FUTURE ADVANCES. Upon request of Borrower, Lender, at Lender's option so long as this Instrument secures indebtedness
<br />held by Lender, may make Future Advances to Borrower. Such Future Advances, with interest thereon, shall be secured by this
<br />Instrument when evidenced by promissory notes stating that said notes are secured hereby. At no time shall the principal amount of
<br />the indebtedness secured by this Instrument, not including sums advanced in accordance herewith to protect the security of this
<br />Instrument, exceed the original amount of the Note US ($1,550,000.00) plus the additional sum of US $ -0 -.
<br />31. SUBSTITUTE TRUSTEE. Lender at Lender's option, may from time to time remove Trustee and appoint a successor trustee to
<br />any Trustee appointed hereunder by an instrument recorded in the city or county in which this Instrument is recorded. Without
<br />conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon the Trustee herein
<br />and applicable law.
<br />32. The Borrower represents and agrees that the proceeds of the Note secured by this Mortgage will be used for business purposes
<br />and that the principal obligation secured hereby constitutes a business loan.
<br />33. ANTI -MONEY LAUNDERING /PATRIOT ACT. Borrower represents and covenants that it is not and will not become a
<br />person (individually, a "Prohibited Person" and collectively "Prohibited Persons ") listed on the Specially Designated Nationals and
<br />Blocked Persons List maintained by the Office of Foreign Asset Control, U.S. Department of the Treasury (the "OFAC List ") or
<br />otherwise subject to any other prohibitions or restriction imposed by laws, rules, regulations or executive orders, including
<br />Executive Order No. 13224, administered by OFAC (collectively the "OFAC Rules "). Borrower represents and covenants that it
<br />also (i) is not and will not become owned or controlled by a Prohibited Person, (ii) is not acting and will not act for or on behalf of a
<br />Prohibited Person, (iii) is not otherwise associated with and will not become associated with a Prohibited Person, (iv) is not
<br />providing and will not provide any material, financial or technological support for or financial or other service to or in support of
<br />acts of terrorism or a Prohibited Person. Borrower will not transfer any interest in Borrower to or enter into a Lease with a
<br />Prohibited Person. Borrower shall immediately notify Lender if Borrower has knowledge that any Guarantor or any member or
<br />beneficial owner of Borrower or any Guarantor is or becomes a Prohibited Person or (A) is indicted on or (B) arraigned and held
<br />over on charges involving money laundering or predicate crimes to money laundering. Borrower will not enter into any Lease or
<br />any other transaction or undertake any activities related to the Loan in violation of the federal Bank Secrecy Act, as amended
<br />( "BSA "), 31 U.S.C. §5311, et seq. or any federal or state laws, rules, regulations or executive orders, including, but not limited to,
<br />18 U.S.C. § §1956, 1957 and 1960, prohibiting money laundering and terrorist financing (collectively "Anti -Money Laundering
<br />Laws "). Borrower shall (a) not use or permit the use of any proceeds of the Loan in any way that will violate either the OFAC
<br />Rules or Anti -Money Laundering Laws, (b) comply and cause all of its subsidiaries to comply with applicable OFAC Rules and
<br />Anti -Money Laundering Laws, (c) provide information as Lender may require from time to time to permit Lender to satisfy its
<br />obligations under the OFAC Rules and/or the Anti -Money Laundering Laws and (d) not engage in or conspire to engage in any
<br />transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the foregoing. Borrower
<br />shall immediately notify Lender if any Tenant becomes a Prohibited Person or (A) is convicted of, (B) pleads nolo contendere to,
<br />(C) is indicted on, or (D) is arraigned and held over on charges involving money laundering or predicate crimes to money
<br />laundering.
<br />Customer Identification — USA Patriot Act Notice. Lender hereby notifies Borrower that pursuant to the requirements of the USA
<br />Patriot Act (Title III of Pub. L. 107 -56, signed into law October 26, 2001), as amended (the "Act "), and Lender's policies and
<br />practices, Lender is required to obtain, verify and record certain information and documentation that identifies Borrower, which
<br />information includes the name and address of Borrower and such other information that will allow Lender to identify Borrower in
<br />accordance with the Act.
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