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2oo9o5i22 <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 default under this Security Instrument (each an <br />"Event of Default"): <br />(a) Failure to make required payments when due under Indebtedness; <br />(b) Failure to perform or keep 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 Lcndcr 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 />(~ A material adverse change occurs in the financial condition, ownership or management of Crantor 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 hvent of Default, Lcndcr 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, Tn the event of foreclosure, the abstracts of title or title insurance shall become the <br />property of bender. All abstracts of title, 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 FOR>/CLOSUKE OF <br />A SECURITY INSTRUMENT I3Y ADVERTISEMENT, AS PROVIDED I3Y APPLICABLE LAW, OR IN THE <br />EVI:N"f bENDF.,R EXERCISES ITS RIGIā€¢ITS UNDER THE ASSIGNMENT OF LEASES AND RENTS, THT;' <br />LENDER SliAbb PROVIDE ALL STATUTORILY REQUTItFD NOTICES OF SALE AND NOTICES OI~ <br />JUDICIAL HEARINGS I3T;FORE LENDER EXERCISES ANY OF TTS RIGHTS UNDER TI-IIS <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 to the purchaser or purchasers at such sale any deeds of conveyance good and sufficient 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 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 bylaw shall be deemed as exercise of the above option. <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. <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 delay or failure to demand strict adherence to the terms of this <br />Security Instrument shall be deemed to constitute a course of conduct inconsistent with Lender's right at any time, <br />before or after an event of default, to demand strict adherence to the terms of this Security Instrument and the <br />Related Documents. <br />SUBSTITUTE TRUSTEE. Lender, at its option, may from time to time remove Trustee and appoint a successor <br />trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security <br />Tnstrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, <br />power and duties'conferredapon Trustee herein and by applicable law. <br />JOINT AND SEVERAL LIAI3ILITY. If this Security Instrument should be signed by more than one person, all <br />persons executing this Security Tnstrument agree that they shall be jointly and severally bound, where permitted by <br />law, <br />ea 200q-2008 Copyright Compliance Sysrcm ,Inc. 63C7-C347 - 2W8.12.282 www.campliancesystcros.cnm <br />Commercial Real Estate security Insrrumcm - DLA007 Pugc 4 of 6 800-968-8522 ~ Fax GI6.95(i 18A8 <br />~- <br />