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200608119
<br />8714801
<br />Borrower shall pay Lender a reasonable service charge, together with such title insurance premiums and attorney's fees as may be
<br />incurred at Lender's option, for any such action if taken at Borrower's request.
<br />13. FORBEARANCE BY LENDER NOT A WAIVER. Any forbearance by Lender in exercising any right or remedy hereunder,
<br />or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any right or remedy. The acceptance by
<br />Lender of payment of any sum secured by this Instrument after the due date of such payment shall not be a waiver of Lender's right
<br />to either require prompt payment when due of all other sums so secured or to declare a default for failure to make prompt payment.
<br />The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to
<br />accelerate the maturity of the indebtedness secured by this Instrument, nor shall Lender's receipt of any awards, proceeds or
<br />damages under paragraphs 5 and I 1 hereof operate to cure or waive Borrower's default in payment of sums secured by this
<br />Instrument.
<br />14. ESTOPPEL CERTIFICATE. Borrower shall within ten days of a written request from Lender furnish Lender with a written
<br />statement, duly acknowledged, setting forth the sums secured by this Instrument and any right of set -off, counterclaim or other
<br />defense which exists against such sums and the obligations of this instrument.
<br />15. UNIFORM COMMERCIAL CODE SECURITY AGREEMENT. This Instrument is intended to be a security agreement
<br />pursuant to the Uniform Commercial Code for any of the items specified above as part of the Property which, under applicable law,
<br />may be subject to a security interest pursuant to the Uniform Commercial Code, and Borrower hereby grants Lender a security
<br />interest in said items. Borrower agrees that Lender may file this Instrument, or a reproduction thereof, in the real estate records or
<br />other appropriate index, as a financing statement for any of the items specified above as part of the Property. Any reproduction of
<br />this Instrument or of any other security agreement or financing statement shall be sufficient as a financing statement. In addition,
<br />Borrower agrees to execute and deliver to Lender, upon Lender's request, any financing statements, as well as extensions, renewals
<br />and amendments thereof, and reproduction of this Instrument in such form as Lender may require to perfect a security interest with
<br />respect to said items. Borrower shall pay all costs of filing such financing statements and any extensions, renewals, amendments
<br />and releases thereof, and shall pay all reasonable costs and expenses of any record searches for financing statements Lender may
<br />reasonably require. Without the prior written consent of Lender, Borrower shall not create or suffer to be created pursuant to the
<br />Uniform Commercial Code any other security interest in said items, including replacements and additions thereto. Upon Borrower's
<br />breach of any covenant or agreement of Borrower contained in this Instrument, including the covenants to pay when due all sums
<br />secured by this Instrument, Lender shall have the remedies of a secured party under the Uniform Commercial Code and, at Lender's
<br />option, may also invoke the remedies provided in paragraph 27 of this Instrument as to such items. In exercising any of said
<br />remedies, Lender may proceed against the items of real property and any items of personal property specified above as part of the
<br />Property separately or together and in any order whatsoever, without in any way affecting the availability of Lender's remedies
<br />under the Uniform Commercial Code or of the remedies provided in paragraph 27 of this Instrument.
<br />16. LEASES OF THE PROPERTY. As used in this paragraph 16, the word "lease" shall mean "sublease" if this Instrument is on a
<br />leasehold. Borrower shall comply with and observe Borrower's obligations as landlord under all leases of the Property or any part
<br />thereof. Borrower will not lease any portion of the Property for non - residential use except with the prior written approval of Lender.
<br />Borrower, at Lender's request, shall furnish Lender with executed copies of all leases now existing or hereafter made of all or any
<br />part of the Property, and all leases now or hereafter entered into will be in form and substance subject to the approval of Lender. All
<br />leases of the Property shall specifically provide that such leases are subordinate to this Instrument; that the tenant attorns to Lender,
<br />such attornment to be effective upon Lender's acquisition of title to the Property; that the tenant agrees to execute such further
<br />evidences of attornment as Lender may from time to time request; that the attomment of the tenant shall not be terminated by
<br />foreclosure; and that Lender may, at Lender's option, accept or reject such attomments. Borrower shall not, without Lender's written
<br />consent, execute, modify, surrender or terminate, either orally or in writing, any lease now existing or hereafter made of all or any
<br />part of the Property providing for a term of three years or more, permit an assignment or sublease of such a lease without Lender's
<br />written consent, or request or consent to the subordination of any lease of all or any part of the Property to any lien subordinate to
<br />this Instrument. If Borrower becomes aware that any tenant proposes to do, or is doing, any act or thing which may give rise to any
<br />right of set -off against rent, Borrower shall (i) take such steps as shall be reasonably calculated to prevent the accrual of any right to
<br />a set -off against rent, (ii) notify Lender thereof and of the amount of said set -offs, and (iii) within ten days after such accrual,
<br />reimburse the tenant who shall have acquired such right to set -off or take such other steps as shall effectively discharge such set -off
<br />and as shall assure that rents thereafter due shall continue to be payable without set -off or deduction.
<br />Upon Lender's request, Borrower shall assign to Lender, by written instrument satisfactory to Lender, all leases now
<br />existing or hereafter made of all or any part of the Property and all security deposits made by tenants in connection with such leases
<br />of the Property. Upon assignment by Borrower to Lender of any leases of the Property, Lender shall have all of the rights and
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