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<br />200802164
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<br />FUTURE AnV ANCES. To the extent permitted by law, this Security Instrument will secure future advances as if
<br />such advances were made on the date ofthis Security Instrument regardless of the fact that from time to time there
<br />may be no balance due under the note and regardless of whether the Lender is obligated to make such future
<br />advances.
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<br />CROSS COLLATERALlZATION. It is the expressed intent of Grantor to cross collateralize all of its
<br />Indebtedness and obligations to the Lender, howsoever arising and whensoever incurred.
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<br />WARRANTIES. Grantor, for itself; its heirs, personal representatives, successors, and assigns, represents,
<br />warrants, covenants and agrees with Lender, its successors and assigns, as follows:
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<br />Performance of Obligations. Grantor promises to perform all terms, conditions, and covenants of this
<br />Security Instrument and Related Documents in accordance with the terms contained therein.
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<br />Defense and Title to Property. At the time of execution and delivery of this instrument, Grantor is lawfully
<br />seised of the estate hereby conveyed and has the exclusive right to mortgage, grant, convey and assign the
<br />Property. Grantor covenants that the Property is unencumbered and free of all liens, except for encumbrances
<br />of record acceptable to Lender. Further, Grantor covenants that Grantor will warrant and defend generally
<br />the title to the Property against any and all claims and demands whatsoever, subject to the easements,
<br />restrictions, or other cncumbranccs of record acceptable to Lender, as may be listed in the schedule of
<br />exceptions to coverage in any abstract of title or title insurance policy insuring Lender's interest in the
<br />Property.
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<br />Condition of Property. The Grantor promises at all times to preserve and to maintain the Property and
<br />every part tllereofin good repair, working order, and condition and will from time to time, make all needful
<br />and proper repairs so that the value ofthe Property shall not in any way be impaired.
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<br />Removal of any Part of the Property. Grantor promises not to remove any part of the Property from its
<br />present location, except for replacemcnt, maintenance and relocation in the ordinary course of business.
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<br />Alterations to the Property. Grantor promises to abstain from the commission of any waste on the
<br />Property. Further, Grantor shall make no material alterations, additions or improvements of any type
<br />whatever to the Property, regardless of whether such alterations, additions or improvements would increase
<br />fue value of fue Property, nor permit anyone to do so except for tenant improvements and completion of
<br />items pursuant to approved plans and specifications, without Lender's prior written consent, which consent
<br />may be wifuheld by Lender in its sole discretion. Grantor will comply with all laws and regulations of all
<br />public aufuorities having jurisdiction over the premises relating to the use, occupancy and maintenance
<br />thereof and shall upon request promptly submit to Lender evidence of such compliancc.
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<br />Due on Sale - Lender's Consent. Grantor shall not sell, further encumber or otherwise dispose of, except as
<br />herein provided, any or all of its interest in any part of or all of the Property without first obtaining the
<br />written consent of Lender. If any encumbrance, lien, transfer or salc or agreement for tllCse is created,
<br />Lender may declare immediately due and payable, the entire balance of the Indebtedness.
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<br />Insurance. Grantor promises to keep the Property insured against such risks and in such form as may within
<br />the sole discretion of Lender be acceptable, causing Lender to be named as loss payee or i r requested by
<br />Lender, as mortgagee. The insurance company shall be chosen by Grantor subject to Lender's approval,
<br />which shall not be unreasonably withheld. All insurance policies must provide that Lender win get a
<br />minimum of 10 days notice prior to cancellation. At Lender's discretion, Grantor may be required to produce
<br />receipts of paid premiums and renewal policies. If Grantor fails to obtain the required coverage, Lender may
<br />do so at Grantor's expense. Grantor hereby directs each and every insurer of the Property to make payment of
<br />loss to Lender with the proceeds to be applied, only at Lender's option, to the repair and replacement of the
<br />damage or loss or to be applied to the Indebtedness with the surplus, if any, to be paid by Lender to Grantor.
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<br />Payment of Taxes and Other Applicable Charges. Grantor promises to pay and to dischargc liens,
<br />encumbrances, taxes, assessments, lease payments and any other charges relating to the Property when levied
<br />or assessed against Grantor or fue Property.
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<br />Environmental Laws and Hazardous or Toxic Materials. Grantor and every tenant have been, are
<br />presently and shall continue to be in strict compliance with any applicable local, state and federal
<br />environmental laws and regulations. Further, neither Grantor nor any tenant shall manufacture, store, handle,
<br />discharge or dispose of hazardous or toxic materials as may be defined by any state or federal law on the
<br />Property, except to the extent the existencc of such materials has been presently disclosed in writing to
<br />Lender. Grantor will immediately notifY Lender in writing of any assertion or claim made by any party as to
<br />the possible violation of applicable state and federal environmental laws including the location of any
<br />hazardous or toxic materials on or about the Property. Grantor indemnifies and holds Lender harmless from
<br />any liability or expense of whatsoever nature incurred directly or indirectly as a result of Grantor's violation
<br />of applicable local, state and federal environmental laws and regulations or Grantor's involvement wifu
<br />hazardous or toxic materials.
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<br />Financial Information. Grantor agrees to supply Lender such financial and other information conceming its
<br />affairs and the status of any of its assets as Lender, from time to time, may reasonably request. Grantor
<br />further agrees to permit Lender to verify accounts as well as to inspect, copy and to examine the books,
<br />rccords and files of Grantor.
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<br />11:>2004-2006 COPYTi)lht Compliance System;. Inc. J40A-1171 - 2006.11.182
<br />O:\llnllercial Real Estatc Sccurity Instrument. lJ LAOO?
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