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200905122 <br />items pursuant to approved plans and specifications, without Lcndcr'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 aver the premises relating to the use, occupancy and maintenance <br />thereof and shall upon request promptly submit to Lender evidence of such compliance. <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 hender. Tf any encumbrance, lien, transfer or sale or agreement for these is created, <br />Lender may declare immediately due and payable, the entire balance of the Indebtedness. <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 named as loss payee orrf requested by <br />Lender, as mortgagee. The insurance company shall be chosen by Grantor subject to Lender's approval, <br />which shall not be unreasonably withheld. 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 produce <br />receipts of paid premiums and renewal policies. If Grantor fails to obtain the required 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. <br />Payment of Taxes and Other Applicable Charges. Grantor promises to pay and to discharge liens, <br />encumbrances, taxes, assessments, least payments and any other charges relating to the Property when levied <br />or assessed against Grantor or the Property. <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, stale and federal <br />environmental laws and regulations. Further, neither Grantor nor any tenant shall manufacture, store, handle, <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 existence of such materials has been presently disclosed in writing to <br />Lender. Grantor will immediately notify Lender in writing of any assertion 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 from <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 cnvironmcntal laws and regulations or Grantor's involvement with <br />hazardous or toxic materials. <br />Financial Information. Grantor agrees to supply bender such financial and other information concerning its <br />affairs and the status of any of its assets as Lender, from time to time, may reasonably 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. <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 compliance with Che terms of this <br />Security Instrument. If the Property, or any part thereof, shall require inspection, repair or maintenance <br />which Grantor has failed to provide, Lender, after reasonable notice, may enter upon the Property to effect <br />such obligation; and the cost thereof shall be added to the indebtedness and paid on Lcndcr's demand by <br />Grantor. <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 ]casts, 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 />be considered, an agent for any party or entity. Any amounts collected may, at Lender's sole discretion, be applied <br />to protect Lcndcr's interest in the Property, including but not limited to the payment of taxes and insurance <br />premiums and to the Indebtedness. At Lender's sole discretion, all leases, subleases and licenses must first be <br />approved by Lcndcr. <br />CONDEMNATION. Grantor shall give Lcndcr 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 Tndebtedness, 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 Tndebtedness 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 />Lcndcr, 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 />2U04~20pA Cnpyrigh~ Compliance Systems, Inc. 63U7-0347 - 20Gg.12.2R2 www.compliancesys[ems.cam <br />Comnxrcinl Rcul Fs~n4 sooudty Instrument - UL4007 Page 3 of 6 RW-96N-K522 - Fzx GIC-956.1 H6g <br /> <br />