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<br />200803329 <br /> <br />ATTORNEY-IN-FACT. Grantor appoints Lender as attorney~in-fact on behalf of Grantor. If Grantor fails to <br />fulfill any of Grantor's obligations under this Security Instrument or any Related Documents, including those <br />obligations mentioned in the preceding paragraph, Lender as attorney-in-fact may fulfill the obligations without <br />notice to Grantor. This power of attorney shall not be affected by the disability of the Grantor. <br /> <br />EVENTS OF DEFAULT. The following events shall constitute default under this Security Instrument (each an <br />"Event of Default"): <br /> <br />(a) Failure to make required payments when due under Indebtedness; <br />(b) Failure to perform or keep any of the covenants of this Security Instrument or a default under any of <br />the Related Documents; <br />(c) The making of any oral or written statement or assertion to Lender that is false or misleading in any <br />material respect by Grantor or any person obligated on the Indebtedness; <br />(d) The death, dissolution, insolvency, bankruptcy or receivership proceeding of Grantor or of any person <br />or entity obligated on the Indebtedness; <br />(e) Any assignment by Grantor for the benefit of Grantor's creditors; <br />(f) A material adverse change occurs in the financial condition, ownership or management of Grantor or <br />any person obligated on the Indebtedness; or <br />(g) Lender deems itself insecure for any reason whatsoever. <br /> <br />REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default, Lender may, without demand or <br />notice, pay any or all taxes, assessments, premiums, and liens required to be paid by Grantor, effect any insurance <br />provided for herein, make such repairs, cause the abstracts of title or title insurance policy and tax histories of the <br />Property to be certified to date, or procure new abstracts of title or title insurance and tax histories in case none <br />were furnished to it, and procure title reports covering the Property, including surveys. The amounts paid for any <br />such pwposes will be added to the Indebtedness and will bear interest at the rate of interest otherwise accruing on <br />the Indebtedness until paid. In the event of foreclosure, the abstracts of title or title insurance shall become the <br />property of Lender. All abstracts of title, title insurance, tax histories, surveys, and other documents pertaining to <br />the Indebtedness will remain in Lender's possession until the Indebtedness is paid in full. <br />IN THE EVENT OF THE SALE OF THIS PROPERTY UNDER THE PROCEDURE FOR FORECLOSURE OF <br />A SECURITY INSTRUMENT BY ADVERTISEMENT, AS PROVIDED BY APPLICABLE LAW, OR IN THE <br />EVENT LENDER EXERCISES ITS RIGHTS UNDER THE ASSIGNMENT OF LEASES AND RENTS, THE <br />LENDER SHALL PROVIDE ALL STATUTORILY REQUIRED NOTICES OF SALE AND NOTICES OF <br />JUDICIAL HEARINGS BEFORE LENDER EXERCISES ANY OF ITS RIGHTS UNDER THIS <br />INSTRUMENT. <br /> <br />Upon the occurrence of an Event of Default, Lender may, without notice unless required by law, and at its option, <br />declare the entire Indebtedness due and payable, as it may elect, regardless of the date or dates of maturity thereof <br />and, if pennitted by state law, is authorized and empowered to sell or to cause the Property to be sold at public <br />auction, and to execute and deliver to the purchaser or purchasers at such sale any deeds of conveyance good and <br />sufficient at law, pursuant to the statute in such case made and provided, and out of the proceeds of the sale to <br />retain the sums then due hereunder and all costs and charges of the sale, including attorneys' fees, rendering any <br />swplus to the party or parties entitled to it. The recitals in the trustee's deed shall be prima facie evidence of the <br />truth of the statements made in it. If Lender chooses to invoke the power of sale, Lender or Trustee will provide <br />notice of sale pursuant to applicable law. Any such sale or a sale made pursuant to a judgment or a decree for the <br />foreclosure hereof may, at the option of Lender, be made en masse. The commencement of proceedings to <br />foreclose this Mortgage in any manner authorized by law shall be deemed as exercise of the above option. <br /> <br />Upon the occurrence of an Event of Default, Lender shall immediately be entitled to make application for and <br />obtain the appointment of a receiver for the Property and of the earnings, income, issue and profits of it, with the <br />powers as the court making the appointments confers. Grantor hereby irrevocably consents to such appointment <br />and waives notice of any application therefor. <br /> <br />NO WAIVER. No delay or failure of Lender to exercise any right, remedy, power or privilege hereunder shall <br />affect that right, remedy, power or privilege nor shall any single or partial exercise thereof preclude the exercise of <br />any right, remedy, power or privilege. No Lender delay or failure to demand strict adherence to the terms of this <br />Security Instrument shall be deemed to constitute a course of conduct inconsistent with Lender's right at any time, <br />before or after an event of default, to demand strict adherence to the terms of this Security Instrument and the <br />Related Documents. <br /> <br />SUBSTITUTE TRUSTEE. Lender, at its option, may from time to time remove Trustee and appoint a successor <br />trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security <br />Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, <br />power and duties conferred upon Trustee herein and by applicable law. <br /> <br />JOINT AND SEVERAL LIABILITY. If this Security Instrument should be signed by more than one person, all <br />persons executing this Security Instrument agree that they shall be jointly and severally bound, where pennitted by <br />law. <br /> <br />SURVIVAL. Lender's rights in this Security Instrument will continue in its successors and assigns. This Security <br />Instrument is binding on all heirs, executors, administrators, assigns and successors of Grantor. <br /> <br />NOTICES AND WAIVER OF NOTICE. Unless otherwise required by applicable law, any notice or demand <br />given by Lender to any party is considered effective when it is deposited in the United States Mail with the <br />appropriate postage. A copy of any notice shall be mailed to each party at the address of the party given at the <br /> <br />co 2004-2007 Copyright Complillfice Systems, Inc. 68E7-5S4F - 2008.02.240 <br />Cornnx:rcial Real Estate Security InstlUment - DLA007 <br /> <br />Page4of6 <br /> <br />www.compliancesystems.com <br />800.968.8522 - FlIlC 616.956-1868 <br /> <br />TMK <br /> <br />~ <br />