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<br />200902163
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<br />CONDEMNA nON. Grantor shall give Lender notice of any action taken or threatened to be taken by privatc or
<br />public entities to appropriate the Property or any part thereof, through condemnation, eminent domain or any other
<br />action. Further, Lender shall be permitted to participate or intervene in any of the above described proceedings in
<br />any manner it shall at its sole discretion dctermine. Lender is hereby given full powcr, right and authority to
<br />rcceivc and receipt for any and all damages awardcd as a result of the full or partial taking or appropriation and in
<br />its sole discretion, to apply said awards to the Indebtedness, whethcr or not then due or otherwise in accordancc
<br />with applicable law. Unless Lcndcr otherwise agrees in writing, any application of proceeds to the Indebtedncss
<br />shall not extcnd or postpone the due date of the payments due under the Indebtedness or change thc amount of
<br />such payments.
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<br />GRANTOR'S ASSURANCES. At any time, upon a request of Lender, Grantor will execute and deliver to
<br />Lender, and if appropriate, causc to be recorded, such further mortgagcs, assignments, assignments of leascs and
<br />rents, security agreements, pledges, financing statements, or such other document as Lender may require, in
<br />Lender's sole discretion, to eftectuate, complete and to pcrfect as well as to continue to preserve the Indebtedness,
<br />or the lien or security intcrcst created by this Security Instrumcnt.
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<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 thc preceding paragraph, Lender as attorney-in-fact may fulfill the obligations without
<br />notice to Grantor. This powcr of attorney shall not be affccted by the disability of the Grantor.
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<br />EVENTS OF DEFAULT. The following events shall constitute default undcr this Security Instrument (each an
<br />"Evcnt of Default"):
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<br />(a) Failure to make required payments whcn due under Indebtedness;
<br />(b) Failure to perform or keep any ofthc 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 managemcnt of Grantor or
<br />any pcrson obligated on the Indebtcdness; or
<br />(g) Lendcr decms itself insecure for any rcason whatsoever.
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<br />REMEDIES ON DE:FAUL T. Upon the occurrencc 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 purposes 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 rcmain in Lender's posscssion until the Indebtedness is paid in full.
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<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 />TIJDICIAL HEARINGS BEFORE LENDER EXERCISES ANY OF ITS RIGHTS UNDER THIS
<br />INSTRUMENT.
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<br />Upon the occurrence of an Event of Dcfault, Lender may, without notice unless required by law, and at its option,
<br />declarc the entire Indebtedness due and payable, as it may elect, regardless of the date or dates of maturity thereof
<br />and, if permitted by state law, is authorized and empowered to cause the Property to be sold at public auction, and
<br />to executc and deliver to the purchascr or purchasers at such sale any deeds of conveyance good and sufilcient at
<br />law, pursuant to the statute in such case made and provided. The Trustee shall apply the proceeds of the Trustee's
<br />sale, first, to thc costs and expenses of excrcising the power of sale and of the sale, including the payment of the
<br />Trustee's fees actually incurred; second, to payment of thc obligation secured by the trust deed; third, to the
<br />payment of junior trust deeds, mortgages, or other lienholders and the balance, if any, to the person or persons
<br />legally entitled thereto. The recitals in the Trustee's dced shall be prima facie evidence of the truth of the
<br />statements made in it. If Lender chooses to invoke the power of sale, Lender or Trustee will provide notice of sale
<br />pursuant to applicable law. Any such sale or a sale made pursuant to a judgment or a decree for the foreclosure
<br />hcreof may, at the option of Lender, be made en masse. The commencement of proceedings to foreclose this
<br />Security Instrument in any manner authorized by law shall be deemed as exercise ofthe above option.
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<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.
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<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 dclay or failure to demand strict adherence to the terms of this
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<br /><:> 2004-200B CopyrIght Comph,oco 5)>'0"".'00, 63C7.C3~7. 2oo8.12.2R2
<br />Commercial Real Estale Se(,:urity Instrument - mA007
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