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<br />200900423 <br /> <br />be considered, an agent for any party or entity. Any amounts collected may', at Lender's sole discretion, be applied <br />to proteGE Lender's intCl'Cst in the Property, including but not limited to the payment of taxes and insurance <br />premium,,~ lInd to the Indehtedness. At Lender's sole discretion, all leases, subleases and licenses must first be <br />approved by LCllder. <br /> <br />CONDEMNATION. Grantor shall give Lender notice of any action taken or threatened to be taken by private or <br />public entities to appropriate the Property or any plIt1 thereof, through condemnation, eminent doma.in or .IIlY other <br />a.ction. Further, Lender shall be permitted to participate or intervene in any ofthe above described proccedings in <br />any manner it shall at its sole discretion determine. Lender is hereby given full power, right and authority to <br />receive and receipt for any and all damages awarded as a result of the full or partial taking or appropriation and in <br />its sole discretion, to apply said awards to the Indebtedness, whether or not then due or otherwise in accordance <br />with applicable law. Unless Lender otherwise agrees in writing, any application of proceeds to the Indebtedness <br />shall not extend or postpone the due date of the payments due under the Indebtedness or change the amount of <br />sllch payments. <br /> <br />GRANTOR'S ASSURANCES. At any time, upon a request of Lender, Grantor will execute and deliver to <br />Lender, and if appropriate. cause to be recorded, such further mot1gages, assignments, assignments of leases and <br />rents, security agreements, pledges, financing statements, or such other document as Lender may require, in <br />Lender's sole discretion, to effuctuate, complete and to perfect as well as to continue to preserve thc Indebtedness, <br />or the lien or security interest created by this Security Instrument. <br /> <br />ATTORNJ,Y-IN-FACT. Grantor appoints Lender as atttlrney-in-ll1ct on behalf of Grantor. If Gmntor 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 ofaltorney 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 DeL1ult"): <br /> <br />(a) FailuTC to make required payments when due under Indebtedness; <br />(b) Failure to perform or keep any of the covenams of this Security lasttulllent or a deIault under any 11f <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, dissolnti(m, insolvency, bankruptey 01' receivership proceeding of Grantor or of any person <br />or entity obligated on the Indebtedness; <br />( e) Any assignml-'tlt by GnUltor for the benefit of Grantor's creditors; <br />(1) A material adverse change occurs in the tinancial condition, owner,hip 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 nEFAULT. Upon the occurrence of M 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, eflect any insurance <br />provided t\lr 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 inSUTlUlCC and tax histories in case none <br />were furnished to it, and procure title reports covering the Property, incloding surveys. The amounts paid for any <br />stich purposes will be added tll the Indebtedness and will bear interest at the rate of interest otherwise accruing on <br />the Indebtedncss until paid. In the event of foreclosure, the abstTllcts of title or title insurance ,haU become the <br />property of Lender. All abstracts of title, title insurance, tax histories, surveys, and other documents pertaining to <br />the lndcbtedne.~s will remain in Lender's posscssion \1ntil the Indebtedness is paid in full. <br />IN THE EVENT OF THE SALE OF THIS PROPERTY UNDER TIlE PRCX:EDURE 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 TillS <br />INSTRUMENT. <br /> <br />Upon the occurrcnce Ilf an Event of Default, Lender may, without notice unless required by law, and at its option. <br />declarc the entire Indebtedness due and payable, as it Illay elect, regardless of the date or dates of maturity thereof <br />and, if pemlitled by state law, is authorized and empowered to sell or to cause the Pmperty to he 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, pnrsuant to the statute in sucll 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 Ihe sale, including attorneys' fees, rendering any <br />surplus to the P,lrty or parties entitl.ed to it. The recitals ill the trustee's deed shall be prima facie evidence of the <br />truth of the stutemellL~ made in it. If Lender chooses to .invoke the powcr of sale, Lender or Trustee will provide <br />llotice of sale pursuant to applicable law. Any such sale or a sale made pursuant to a judgment or a decree fllr the <br />foreclosure hereof may, at the option of Lender, be made ell masse. The commcncement of procecdings to <br />foreclose tbis Mortgage in any manner authorized by law shall be deemed as exercise of the above oplion. <br />Upon the occurrence of an Event of Default, Lender shall immediately be entitled to makc (lpplicatioll for and <br />obtain the appointment of a receiver tor the Property and of the earnings, income, issue and profiL~ of it, with the <br /> <br />t) :wI14.;W-Ili {'llp~';:;;M rl)~'lb;I~~ S~~Il!"'~ l~l.:, ;;t:;WA-S513 - ZQ(n,()7,2W W~"".('.(>ttlplib~}~l~m~.oo~ <br /> <br />['~':':i":~':":~s",,,,:,r,'I"~~"~'~:J:m~;:'~~'~oU~::~~~L1~~~'.,,'~.'J~'11";":""1 <br />