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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,
<br />income and profits ("Rents") under any present or future leases, subleases or licenses of the Property, including
<br />any guaranties, extensions, amendments or renewals thereof, from the use of the Property. So long as Grantor is
<br />not in default, Grantor may receive, collect and enjoy all Rents accruing from the Property, but not more than one
<br />month in advance of the due date. Lender may also require Grantor, tenant and any other user of the Property to
<br />make payments of Rents directly to Lender. However, by receiving any such payments, Lender is not, and shall not
<br />02004-2007 Copyright Compliance Systems, Inc. 68E7-4807 - 2008.02.240 www.C~lmplillncc5ystcms.com
<br />Commercinl COl'Istn.ICtiOrJ. Security In!itrul11cl1t - 1)[.4007 Pag(! 2 of5 800-968-8522 _ F9.x 616-956-1868
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<br />Financial Information. Grantor agrees to supply Lender such financial and other information concerning its
<br />affairs and the status of any of its assets as Lender, from time to time, may rcasonably 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 ordcr to attend to Lender's interests and cnsure compliance with the terms of this
<br />Security Instrument. If the Propcrty, or any part thereof, shall require inspection, repair or maintenance
<br />which Grantor has failed to provide, Lender, after reasonablc notice, may enter upon the Property to cffect
<br />such obligation; and the cost thereof shall be added to the Indebtedncss and paid on Lender's demand by
<br />Grantor.
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<br />Defense and Title to Property. At the time of execution and delivery ofthis instrument, Grantor is lawfully
<br />seised of the estate hereby convcyed and has the exclusive right to mortgagc, grant, convcy and assign the
<br />Property. Grantor covenants that the Property is unencumbered and frcc of all liens, except for encumbrances
<br />ofrecord 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 thc Propcrty and every
<br />part thercof in good repair, working order, and condition and will from time to time, make all needful and
<br />proper repairs so that the value ofthe Propetty shall not in any way be impaired.
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<br />Removal of any Part of the Property. Grantor promises not to removc any part of the Property from its
<br />present location, 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 />thereof and shall upon requcst 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, 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 sale or agreement for these is created,
<br />Lender may declare immediately due and payable, thc 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 namcd as loss payee or if requested by
<br />Lender, as mortgagee. The insurance company shall be chosen by Grantor subject to Lendcr's approval,
<br />which shall not be unreasonably withheld. All insurance policies must provide that Lender will get a
<br />minimum of JO 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 requircd 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 bcen, 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, handlc,
<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 existcnce of such materials has been presently discloscd in writing to
<br />Lender. Grantor will immcdiately notifY Lender in writing of any asscrtion 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 tram
<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 with
<br />hazardous or toxic materials.
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<br />200806905
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