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<br /> 20090`8742
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<br /> Removal of any'_Pkrt'of'th'e''Property.'Grantor,promises.tiot.`to'rem'ove any.part'ofthe Property from its
<br /> present locatton, except for rerplacemen_t, maintenattce,apd rel4e ttorl lu.the orlivilary Course ofl~usines .
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<br /> f > Alferatlons to 'the Frgperty. Gxantol 'promiS:es ka tabsta frorri Itl2C.1~rOIt11Y11sslt9itreo Y+; waste :off .tie
<br /> 1Property: Furthex; Grantor shah
<br /> inatenal,altcrAtforxs~, tipns,prAmProvements of ;any type
<br /> 1-mgke-;no. : add~ .
<br /> vvhatever~to'the,,;Propertyiregard'tess' ofwhether~such,altei`ati'ohs, additions` or'InVovements'wottld.1nodase
<br /> the value of the Property, nor :.permit anyone v do so except for tenant improvements and completion of
<br /> items pursuant to approved plans and specifications, without Lender'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 over 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 Lender. If 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 or if 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, aat Lender's option; to the repair and -replacement of the
<br /> damage or'loss or-to be applied to the Indebtedness witWthe Aolas, if any,'to,be paid'by Lender to Grantor.
<br /> Eament;of Taxes and„ }D>ther Apcaby Charges Grantor premises tp pad and to dtscllarge dens,
<br /> encumbrances, taxes, assessmegtsx lease, payr tent and any othef cllargeSurelatm o the Prgpprty w e evxed
<br /> or assessed against Grantor or 'the Property.
<br /> Environmental Laws and. Hazardous or Toxic Materials, Grantor and everytenant have been, are
<br /> presently and shall continue to be in strict compliance with any. applicable local, state 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 to%ic materials odor about the Pi^aperty. Grantor indemnifies and holds, Lcnder 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 environmental laws and regulations or Grantor's involvement with
<br /> hazardous or toxic materials.
<br /> Financial Information. Grantor agrees to supply Lender 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 /> Lenders Right to`Enter. Lender or'Lender s agents shall have the right and
<br /> " ` access to inspectthe Property at
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<br /> al ,;reason ble. tuns ar e attend to I~endgr's inleestsaand ensure compliance':w ith,.t(ie'terms, of":this
<br /> Security Instrument. lf._the Pxoperiy,;:ar; any ,pa thereQL, shall xequi p,, nsppgUon,;ompairor rratigte~nge
<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 Wand paid' on Lender'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 leases, 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 Ronts ditecdy 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 Lender'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 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 /> pJn~liance 5Ysteno, inc. 23FA-9604 - 2007.07.300
<br /> ,~,t~Canuaero~a Re"sr~rrt®'Sepivit 'rnatrumant - B1.4007 Pa B 3' , + " wWSV c.~'~I""`'1+~'QS~~tOm~ 4.
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