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<br />200805884
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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 an<JTitle to Propel'ty~ At th~ time df execution and delivr;:IY of this instrument, Grantor,isJawfully
<br />seised. of the estate hereby conveyed and has' the excJusive right to mortgage, grant, convey and. assign the
<br />Property. Grantor covenants thatthe Propertyjs unencwnbered,andfree 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 encumbrances 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. Grantor promises at all times to preserve and to maintain the Property and every
<br />part thereof in good repair, working order, and condition and will from time to time, make all needful and
<br />proper repairs so that the value of the Property shall not in any way be impaired.
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<br />Removal of riny Pal't of the ProI5erty, Grantor promises not to renroV'e any part of the Property from-its
<br />present locatjon, except for replacement, 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 />the value of the 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 withheld by Lender in its sole discretion. Grantor will comply with all laws and regulations of all
<br />public authorities having jurisdiction over the premises relating to the use, occupancy and maintenance
<br />, the~e.o,f and shall upon request promptly submit to Lender evidence of such compliance.
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<br />Due on Sale-Lender's Consent. Grantor shall not sell, further encumber or otherwise dispose of,-exceptas
<br />herein provided, any or all of its interest in any part of or all of the Property without t1rst obtaining the
<br />written consent of Lender: If any encumbrance, lien, transfer or sale or agreement for these 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 if 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 will 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 discharge liens,
<br />encumbrances, taxes, assessments, lease payments and any other charges relating to the Property when levied
<br />or assessed against Grantor or the 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 Iaws 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 orfedefallaw 'on the
<br />Property, except ,to the extent' the ,existence of such materials has ,been presentlydisc10sed in writing to
<br />Lender. Grantor will immediately notify Lender in writing of any assertion or claimtnade 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 Jaws and regulations or Grantor's involvement with
<br />hazardous or toxic materials.
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<br />Financial Information. Grantor agrees to supply Lender such financial and other infonnation concerning 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 />records and files of Grantor.
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<br />Lender's Right to Enter. Lender or Lender's agents shall have the right and access to inspect the Property at
<br />all reasonable times in order to attend to Lender's interests and ensure compliance with the tenns of this
<br />Security Instrument. If the Property, or any part thereof, shall require inspection, repair or maintenance
<br />which Grantor has failed to provide, Lender, after reasonable notice, may enter upon the Property to effect
<br />such obligation; and the cost thereof shall be added to the Indebtedness and paid on Lender's demand by
<br />Grantor.
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<br />ASSIGNMENT OF LEASES AND RENTS. As additional security for the payment of the Indebtedness and the
<br />performance of the covenants contained herein, Grantor hereby assigns and transfers over to Lender all rents,
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<br />"'(l20Q4.1007 CopYf;ght Compliance System.. Inc. 13FA.0545 . 1007_07,100
<br />L 'Commercial Real Estate Secuii . Instrum~J1t ~ DIA007
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<br />Initials
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