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<br />Loan No: 9003
<br />
<br />MORTGAGE
<br />(Continued)
<br />
<br />200706586
<br />
<br />Page 4
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<br />take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such
<br />proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own
<br />choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by
<br />Lender from time to time to permit such participation.
<br />
<br />Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or
<br />purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied
<br />to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of
<br />all reasonable costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation.
<br />
<br />IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental
<br />taxes, fees and charges are a part of this Mortgage:
<br />
<br />Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and
<br />take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse
<br />Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage,
<br />including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage.
<br />
<br />Taxes, The following shall constitute taxes to which this section applies: (11 a specific tax upon this type of Mortgage or upon all or
<br />any part of the Indebtedness secured by this Mortgage; 12) a specific tax on Grantor which Grantor is authorized or required to
<br />deduct from payments on the Indebtedness secured by this type of Mortgage; (31 a tax on this type of Mortgage chargeable against
<br />the Lender or the holder of the Note; and (41 a specific taX on all or any portion of the Indebtedness or on payments of principal and
<br />interest made by Grantor.
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<br />Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have
<br />the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as
<br />provided below unless Grantor either 111 pays the tax before it becomes delinquent, or (21 contests the tax as provided above in the
<br />T axes and Liens section and deposits with Lender 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 agreement are a part
<br />of this Mortgage:
<br />
<br />Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and
<br />Lender shall have all of the rights of a secured party under the Uniform Commercial Code 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 and continue Lender's
<br />security interest in the Rents and Personal Property. In addition to recording this Mortgage in the real property records, Lender may,
<br />at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a
<br />financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon
<br />default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any
<br />Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it
<br />available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law.
<br />
<br />Addresses. The mailing addresses of Grantor (debtorl and Lender Isecured partyl from which information concerning the security
<br />interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page
<br />of this Mortgage.
<br />
<br />FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of
<br />this Mortgage:
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<br />Further Assurances, At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause
<br />to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded,
<br />refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all
<br />such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of
<br />further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to
<br />effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Mortgage, and the Related
<br />Documents, and 12) the liens and security interests created by this Mortgage as first and prior liens on the Property, whether now
<br />owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimlJurS8
<br />Lender for all costs and expenses incurred in connection with the 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 for and in the name
<br />of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney-in-fact for
<br />the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's
<br />sole opinion, to accomplish the matters referred to in the preceding paragraph.
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<br />FULL PERFORMANCE. If Grantor pays all the Indebtedness, including without limitation all future advances, when dUe, and otherwise
<br />performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction
<br />of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the
<br />Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender
<br />from time to time.
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<br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Mortgage:
<br />
<br />Payment Default. Grantor fails to make any payment when due under the Indebtedness.
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<br />Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance,
<br />or any other payment necessary to prevent filing of or to effect discharge of any lien.
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<br />Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this
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