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<br />Loan No: 3370455
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<br />MORTGAGE
<br />(Continued)
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<br />200800171
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<br />Page 5
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<br />becomes false or misleading at any time thereafter.
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<br />Defective CollllterlllizlItion. This Mortgage or any of the Related Documents ceases to be in full force and effect (including failure of
<br />any collateral document to create a valid and perfected security interest or lien) at any time and for any reason.
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<br />Dellth or Insolvency. The dissolution or termination of Grantor's existence as a going business or the death of any partner, the
<br />insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors,
<br />any type of creditor workout. or the commencement of any proceeding under any bankruptcy or insolvency laws by or against
<br />Grantor.
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<br />Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help,
<br />repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the
<br />Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this
<br />Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the
<br />basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and
<br />deposits with lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by lender, in its sole
<br />discretion, as being an adequate reserve or bond for the dispute.
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<br />Brellch of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and lender that is not
<br />remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other
<br />obligation of Grantor to lender, whether existing now or later.
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<br />Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any
<br />Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness.
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<br />Adverse Change. A material adverse change occurs in Grantor's financial condition, or lender believes the prospect of payment or
<br />performance of the Indebtedness is impaired.
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<br />Insecurity. lender in good faith believes itself insecure.
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<br />RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, lender, at lender's option,
<br />may exercise anyone or more of the following rights and remedies, in addition to any other rights or remedies provided by law:
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<br />Accelerate Indebtedness. lender shall have the right at its option to declare the entire Indebtedness immediately due and payable,
<br />including any prepayment penalty that Grantor would be required to pay.
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<br />UCC Remedies. With respect to all or any part of the Personal Property, lender shall have all the rights and remedies of a secured
<br />party under the Uniform Commercial Code.
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<br />Collect Rents. Lendor shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents,
<br />including amounts past due and unpaid, and apply the net proceeds, over and above lender's costs, against the Indebtedness. In
<br />furtherance of this right, lender may require any tenant or other user of the Property to make payments of rent or use fees directly to
<br />lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse
<br />instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by
<br />tenants or other users to lender in response to lender's demand shall satisfy the obligations for which the payments are made,
<br />whether or not any proper grounds for the demand existed. lender may exercise its rights under this subparagraph either in person,
<br />by agent, or through a receiver.
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<br />Appoint Receiver. lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with
<br />the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from
<br />the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve
<br />without bond if permitted by law. lender's right to the appointment of a receiver shall exist whether or not the apparent value of the
<br />Property exceeds the Indebtedness by a substantial amount. Employment by lender shall not disqualify a person from serving as a
<br />receiver.
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<br />Judicial Foreclosure. lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property.
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<br />Nonjudicial Sale. If permitted by applicable law, lender may foreclose Grantor's interest in all or in any part of the Personal Property
<br />or the Real Property by non-judicial sale.
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<br />Deficiency Judgment. If permitted by applicable law, lender may obtain a judgment for any deficiency remaining in the Indebtedness
<br />due to lender after application of all amounts received from the exercise of the rights provided in this section.
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<br />Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or lender
<br />otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of
<br />lender or the purchaser of the Property and shall, at lender's option, either (1) pay a reasonable rental for the use of the Property, or
<br />(21 vacate the Property immediately upon the demand of Lender.
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<br />Other Remedies. lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity.
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<br />Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property
<br />marshalled. In exercising its rights and remedies, lender shall be free to sell all or any part of the Property together or separately, in
<br />one sale or by separate sales. lender shall be entitled to bid at any public sale on all or any portion of the Property.
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<br />Notice of Sale. lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the
<br />time after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean
<br />notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in
<br />conjunction with any sale of the Real Property.
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<br />Election of Remedies. Election by lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make
<br />expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform, shall not
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