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<br />200900423
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<br />Property. Grantor covenants that the Property is unencumbered and free of aU liens, except for encumbrances
<br />of record acceptable to Lender. Further, Omntor covenants that Grantor will warrant and defend generally
<br />the title to the Property against any and all claims and demands whatsocver, subject to the casements,
<br />re~trictions, or other encumbrances of record acceptable to Lender, as may be listed in the sched\lle of
<br />c.'\Ceptions 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 J'roperty. 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 Irom time to time, make allncedful 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 any Part of the Property. Gmntor promises not to remove any part of the Property from its
<br />present location, except forreplacement, 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 />l'ropeny. Funher, Grantor shall make no material alterations, additions or improvemel1lS of any type
<br />whatever to the Property, regardless of whether such alterations, additions or improvements would increase
<br />the value of thc Property, nor penuit anyone to do so except for tenant improvements and completion of
<br />items pursuant to approved plans and specifications, without Lender's prior written cOllsent, which consellt
<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 request promptly submit to Lender evidence of such compliance"
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<br />Due on Sale - I.ender'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 />writtcn conselll of Lender. If any encumbrance, lien, tmnster or sale or agreement for these is created,
<br />Lender may di)(:lare 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 discrdion of Lender be acceptable, causing Lcnder 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 approvnl,
<br />which shall not be unteasonably withheW. 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 pf(Jduce
<br />receipts of paid premimns and renewal policies. If Grantor fails to obtain the required coverage, Leoder may
<br />do so at Grantor's expense. Grantor herehy directs each and every insurer of the Property to make payment of
<br />loss to Lend~'r with the proceeds to be applied, onJyat Lender's option, to the rcpair and f('Piacement 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, Icase 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 />eovironlllentallaws and regulations. Further, neither Grantor nor any tenant shall manufacture, store, handle,
<br />discharge or dispose of hal.ardous or toxic materials as may be defined by any state or fedcrallaw on the
<br />Property, except to the extent the existence of such materials has been presently disclosed in writing to
<br />Lender. Grantor will immediately notify Lender in writing of any ass~'ftion or claim made by any party as to
<br />the possible violation of applicable state and federal environmental laws including Lhe location of any
<br />haz<rrdous or toxic materials on or about the Property, Grantor indemnifies and holds Lender harmless trom
<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 env.irollmental laws and regulations or Grantor'sinv(llvement with
<br />hazardous or toxic materials.
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<br />Financial. Information. Grantor agrees to supply Lender such financial and other information coneerning its
<br />affairs and the status of any of its assets as Lender, from time to time, may reasonably request. Gmnto.r
<br />further agrees topennit Lender to verify accounts as well as to inspect, copy and to examine the books,
<br />records aud 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 eompliance with the temlS of this
<br />Security Instrument. If the Property, or any part thereof, shall require inspection, repair or maintenance
<br />which Grantor has '\tiled to provide, Lender, aller re.lsonablc notice, may enter upon the Property to effect
<br />such obligation; and the cost thereof shall be added to the Indebtedness nnd 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 Leoder ull rents,
<br />ineome and profits ("Rents") under any present or future leases, sobleases or licenses of the Property, including
<br />any guaranties, extensions, amendments or renewals thereof, from the use of the Proplc'rty. So long as Gramor is
<br />not in default, Grantor may receive, collect and enjoy all Rents accruing from the Property. bllt llOt 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. I-lowever, by receiving any such payments, Lender is not, and shall not
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