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<br /> 200902359
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<br /> be considered,,an, agent for any party, or entity. Any, amounts collected may, at Lender's, sole discretion, be applied
<br /> J9,, Protecx .,4ender's .interest in the., t?l operty, in cluding but, not limited to ,the payment ..of taxes, and insurance
<br /> pr@Iniu{ns apd.to the Indebtediâ–ºeSs:.,.At Lenders Sole, discretion, a11,ieases;_.'subleases and licenses must first be
<br /> .
<br /> approved by Lender.
<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 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 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 /> such payments.
<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 mortgages, 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 effectuate, complete and to perfect as well as to continue to preserve the Indebtedness,
<br /> or the lien or security interest created by this Security Instrument.
<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 the preceding paragraph, Lender as attorney-in-fact may fulfill the obligations without
<br /> notice to Grantor. This power, of.attorney shall not be affected by the disability of the Grantor.
<br /> EVENTS OF DEFAULT.'The following, events shall', constitute 4efault`,under this Security- Instrument (each an
<br /> "Event of Default"):
<br /> (a) ; Failure to make required WgI;pts;when due under Indebtedness;
<br /> (b) Failure,to perfgxm or ~eep.any,of the 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 tender 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 management of Grantor or
<br /> any person-obligated on the Indebtedness; or
<br /> (g) Lender deems itself insecure for any reason whatsoever.
<br /> REMEDIES ON DEFAULT. Upon the occurrence 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:oftitle, title insurance,,.tax histories,, surveys; and other,documents pertaining to
<br /> the Indebtedness will remain in Lender's possession until the Indebtedness is paid in full. ,
<br /> IN THE'EVENT.OF THE SALE OF THIS PROPERTY UNDER THE PROCEDURE FOR FORECLOSURE OF
<br /> A-SECURITY INSTRUMENT BY ADVEkTISEMENT, AS PROVIDED BYAPPLICABLE 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 THIS
<br /> INSTRUMENT.
<br /> Upon the occurrence of an Event of Default, Lender may, without notice unless required by law, and at its option,
<br /> declare 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 execute and deliver tp. the pufchase<r,or purchasers at such sale any deeds of conveyance good and sufficient at
<br /> law, pursuant to. the statute iri. such case made and provided,, The Trustee shall 4pply the, proceeds of the Trustee's
<br /> sale, first, to the costs and expenses of exercising the power of sale and of the sale, including the payment of the
<br /> Trustee's fees actually incurred; second, to payment of the 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 deed 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 /> hereof 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 of the above option.
<br /> .t.P- 240,47;90§, Copyriphf Compliance Systems, Inc. 63C7.1150.2008.12.282 wlv y, compliancesystem5xom
<br /> m rci I t9 OCUdt lnstrement - DL4007 e e 3 of 5 ~b 68.8522 ,P x.614-956.1. 68
<br /> Initials
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