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or arty put arrive Property w the equivalent of iu original dokdisbn, or such other coaditice as tenter may approve i86-105854 wr the eveattyrasy,
<br />dash o. injury or lots thereto. whether or not issumace proceeds am available to cover in whole or in pan the costs of such restomtton or repair
<br />(4) 44 keep cite Property. including imptoveavems. fixtures, equipment, machinery and appliances thereon in good repair and shall replace
<br />istames egtiipmear. machinery and appliances on the Property when necessary ro keep such items in good repair. (e) shall comply with all laws,
<br />oidweeoes. regulations and mquireatems of any governmeaull body applicable to the Property, (f) shaft provide for profasionat mansaement of
<br />the Property by a residential meta) property mamyer satisfactory to Leader purruam a a contract approved by Leader m writing, unless luck
<br />ngmiremast"be waived by Lender is writing. (p) shall generally operate and maintain the Property in a manes to ensure maximum metals,
<br />said (h) ANN Sire traits its wiidag to leader orand, vales otherwise directed in writing by L ender. appear in and dekmd any action or proceeding
<br />purporting to afiel the'lhoperty, she security of this Instrument or the rights or porters of Leader. Neither Sommer sor any senses oredicr person
<br />the/ stators, deaoliilt or alter any impeovemest sow exiting or hetta0er erected an the Property or say struts„ equipment, mndtiaery or
<br />appliance is or on the Property except when incident to the replacement of fixtures, equipment, machinery sod appliances wish item of eke kind.
<br />N this Interweave is no a lessehold, Borrower (ii) shag comply with the provisions of the pound lie r. !i) shall give immediate written Media
<br />is Leaden ofamy default by lessor awla the pound lease at of asy notice received by Borrower from sack kmor of any defsok under the ground
<br />Jesse by Borrower. (m) shall exorcise any option to maim or caked the ground kris and give written confirmation thereof to Leader within thirty
<br />days of w aadt option becomes exercisable. (iv) shall give immediate whose setae to Lender of the eonntnemcement of any remedial proceedings
<br />NAM the proved km by any Party therein a" if required by Lender. shah permit tender as Borrower's suoney -m-faa to coastal and as for
<br />Sommer is say such remedial proceedings and (v) shah within thirty days alkr request by Leader obtain from the lessor wider the paned lease
<br />sed dasher to Lender the lessor's estoppel certificate required thesevader, if say. Borrower hereby expressly transfers and assign to Leader the
<br />benefit of all eovenamts sustained is the ground iense. whether or am such covcsnms rte with she land, but Leader shall have so liability with
<br />tetpeet a seek covenants sor say other covenants contained is the ground lease.
<br />Borrower shag not surrender the kasebold esisie and interests herein conveyed sor terminate or ca ncel the pound lease creating said estate
<br />and interacts, sod Bomo+ver shall not, without then express written consent of Leader, aher or amend said pound lease. Borrower covenants and
<br />agrees that there shall sot be a merger of the pound lease, or of the leawbold estate created thereby, with the fee estate covered by the ground
<br />lease by reason of said leasehold emit or said fee estate, or any pan of eider, coming into common ownership, unless Leader shall consent in
<br />writing so such merger, if Borrower shall acquire such fee estate, then this lastromem shall simultaneously and without further action be spread so
<br />a to become alien on such fee estate.
<br />7. USE OF PROPERTY. Unless required by applicable law or unless Lender has otherwise agreed in writing, Borrower shall not allow changes in
<br />the we for which all or any pan of the Property was intended at the Lime this In--n meat was executed. Borrower shall not initiate or acquiesce in a
<br />change is the roniag classification of the Property without Leader's prior written consent.
<br />L PROTECTION OF LENDERS SECURITY. If Borrower fails to perform the covenass and agreements contained in this Instrument, or if any
<br />action or proceeding is commenced which Affects the Property or tide thereto or the intent of Leader therein, including, but riot limited to. eminent
<br />domain, insolvency. code eaforamew. or arrangements or proceedings involving a bankrupt or decedent, ties Lender at Lender's option may
<br />make such appearances, dubww such sums and take such action as Leader deems nommary, in its sole discretion, to protect Leaders interest,
<br />including. but not limited to, (i) disbursement of attorney's foes, (e) entry upon the ProWny do make repair, (ui) procurement of satisfactory
<br />insurance as provided in paragraph S hereof. sad (iv) if this Instrument is on a leasehold, exercise of any option to renew or extend the pound
<br />lease on behalf of Sommer and the wring of any default of Borrower in the terms and conditions of the ground tease.
<br />Amy amounts disbursed by Lender pursuant to this pamgmpb 8, with interest thereon, shall become additional indebtedness of Borrower
<br />secured by this Instrument. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable and
<br />shall bear interest from the date of disbunemem at the rate mated in the Now unless collection from Borrower of interest at such rote would be
<br />contrary to applicable law, in which event such amounts shall bear interest at the highest rate which stay be collected from Borrower under
<br />applicable law. Borrower hereby covenants and agrees that Lender shall be subrogated to the lien of any mortgage or other lies discharged, in
<br />whole or in pan, by the indebtedness secured hereby. Nothing contained in this paragraph 8 shall require Lender to incur any expense or take any
<br />action hereunder.
<br />1 DISPECTR W Le !cr may make or cause to be made reasonable carries upon and inspections of the Property.
<br />14L BOORS AND RECORDS. Borrower shalt keep and maintain as all times at Borrowers address mated below, or such other place as Lender
<br />may approve in writing, complete and accurate books of Acawnts and records adequate to reiea correctly the results of the operation of the
<br />Property and copies of aft written contracts, leases and other instruments which affect lie Property. Such books, records, common. leases and other
<br />instruments shall be subject to examination and inspection as any reasonable time by Leader. Upon Lenders request, Borrower shall furnish to
<br />Leader, within one hundred and twenty days after the end of each fiscal year of Borrower, a balance sheet. a statement of income sod expenses of
<br />the Property and a statement of changes is financial position, each in reasonable detad and certified by Borrower and, if Leader shall require, by an
<br />independent certified public accountant. Borrower shall furnish, together with the (mef%ang financial statements and at any other time upon
<br />Leaders request, a rent schedule for the Property, cenified by Borrower. showing the name of each tenant, and for each tenant, the space occupied,
<br />the lent expenses dare, the test payable and the rent paid.
<br />1L CONDEMNATION. Sommer shall promptly ratify Lender of any actioa or proceeding relating to any condemnation or other taking,
<br />whether slaw car indirect, of the Property, or part thereof, and Borrower shall appear is and prosecute any such action or proceeding unless
<br />otherwise directed by Leader in writing. Borrower authonus Lender, at Lender's option, as attorney -in -fact for Sommer. to commence, appear in
<br />and pamecrae, in Leaders or Borrower's name, any anion or proceeding relating to any condemnation or other taking of the Property, whether
<br />direct or inditem and to settle or eompromuse any claim in connection with such condemnation or other taking. The proceeds of any award,
<br />payment as claim for damages. direct or eomequeadial, is cotuecsiom with any condemnation or other taking, whether dirty or indirect, of the
<br />Property, or pan thereof, or for conveyances in lieu of condemnation, are hereby assigned to and shall be paid to Lender subject, if this Instrument
<br />is an a leasehold, to the rights of lessor under the ground lease.
<br />Borrower authorities Leader to apply such awards, paymeat, proceeds or damages, after the deduction of Lenders expenses incurred to the
<br />collection of sods amounts. at Leader's option, to renoration or repair of the Property or to payment of the sums secured by this Instrument,
<br />whether or not the due, in the order of application set lank is paragraph l hercof, with she balsa«, if any, to Borrower. Unku Borrower and
<br />Leader otherwise agree is wetting, any application of proceeds to principal shall eta extend or postpone the due date of the monthly installments
<br />referred to its paragraphs 1 and 2 beired or change the amount of such isstaftmests Borrower agrees to execute such further evidence of
<br />assignment of say awards, proceeds. damages or chinks arising Be cosaecuos with such condemnation or taking as leader may require .
<br />IL. BORROWER AND UEN NOT mien snort From nine to ume. Leader may. at Leader's spoon. without giving notice to or obtaining the
<br />content of Borrower. Borrowers successors or assign or of any junior liesholda or guarantors, without liability on Leader's pan and
<br />aoarinh randiag Sommers breads of say ssvesam or agreement of Borrower in this Iasusmear, extend the state for payment of said indebtedness
<br />or sty pen thereof, reduce the payments thereon, release anyone liable oa any of said iadebsedness, accept a renewal rate or noses therefor, modify
<br />eke lanes and time of paymeat of said tadebiedsess. release from the lien of tks Instrument any pan of the Property, take or release other or
<br />additional security, rewavey any pan of the Property, comes[ to any sop or plan of the Property, consent to the granting of any easement. join in
<br />say eaaesism or sr►ordmatism agreement. and agree in writing with Borrower to modify the rate of taw" or period of amortisation of the Note
<br />or change the amour of the monthly inrallmeats payable thereunder. Any &coast takes by Leader pursuant to the terms of this paragraph 12
<br />AM so abct the obligation of Borrower or Borrower's successors or assigns to pay the sums secured by this Instrument and to observe the
<br />eomesms of Borrower eostamed herein, skull not afecr the guamnty of any pesaos, corporation, pannenhip or other eauty for payment of the
<br />isdebtedsem sawed hereby, and shall not afect the lees or priority of lies hereof on the Property. Borrower shall pay Leader a reasonable service
<br />charge, ao�gNhet with such title insurance premiums and attorneys fees as may be incurred at Lender's option, for any such action of taken at
<br />Bon wa's request
<br />Il FORBEARANCE BY LENDER NOT A WAIVER. Any forbearance by Leader in exeraung any right or remedy hereunder, or othirmue
<br />aforded by applicable law, shall not be a waiver of or preclude the exercise of any right or remedy. The aemptana by Leader of payment of any
<br />UM secured by this IWrument after the due date of such payment &hail rem be a waiver of lender's right to either require prompt payment when
<br />des of ai other sass so secured or to declare it default for failure to make prompt payment The procs mment of uuurarus or the paymcm of talc.
<br />use arm ban or charger by Leader &ham not be a rawer of Lenders nihe to acceksate the maturity of the cndehtedess scoured by this Instrument,
<br />nee stall Leader's receipt of any awards, proceed► or damages under paragraphs i and I I hereof operate tit ourc or wove 14utr.wct'h default to
<br />paymem of wars secured by the Instrument .
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