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<br /> <br /> <br /> <br /> i►~.~~~~r 20090882'7 <br /> <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 /> apprpv,d'"by Lender.,,.. t' <br /> CON DEMNATION:'Granior shall give Lender notice of any actiori'takeri'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 /> Lend _ pproa ,pdi ~te, cause.to lie d, such further mortgages assi&t ments assignments of leases and <br /> er, and if a recorded, <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 ;default underthis Security Instrument (each an <br /> "Er nt of Default"): <br /> (a)^ ~~,Failure to;riiakaregUired..paynfents'when due;i ndet lridtbteHness; ` <br /> (b) ' Failure to perform or'keep~any of the covenants of this` Security' Instrument or:?a default -an . der, any of <br /> the Related Documents; <br /> (c) ' The making of anyoral''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 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, premiuirts, and liens required to be paid by Grantor, effect arty 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 mill 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 tender,, All .abstracts of title, title insurance, tax histories, surreys,, and other documents pertaining to <br /> the Int,ebtedpess.wilI remain in Lender's possession until the Indebtedness xs.,paid.in full <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 /> LENDER EVENT EXERCISES.ITS, RIGHTS UNDER THE ASSIGNMENT OF, LEASES AND. <br /> RENTS, THE <br /> LEND1rR SHALL. PROVIDE ALL. STATUTORILY REQVAR' E' D NOTICES `OF. SALE AND' NOTICES OF <br /> JUDICIAL: HEARINGS BEFORE "LENDER' EXERCISES~ ANYF, 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 sell or to cause the Property to be sold at public <br /> auction, and to execute and deliver to the purchaser or purchasers at such sale any deeds of conveyance good and <br /> sufficient at law, pursuant to the statute in such case made and provided, and out of the proceeds of the sale to <br /> retain the sums then due hereunder and all costs and charges of the sale, including attorneys' fees, rendering any <br /> surplus to the party or parties entitled to it. The recitals in the trustee's deed shall be prima facie evidence of the <br /> truth of the statements made in it. If Lender chooses to invoke the power of sale, Lender or Trustee will provide <br /> notice of sale pursuant to applicable law. Anv sue}I sale or a sale made, pursuant to a indgment or a decree for the <br /> foreclosure hereof may, at the option of Lender, be made en masse. The commencement of proceedings to <br /> foreclose this Mortgage in any manner authorized by law 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 eamings, income, issue and profits of it, with the <br /> P>nB Compliance Sy5tems, Inc. <br /> " wiaw.comphanZ:Esyatcm§.com <br /> mmercia0~ 154hite $acgru Instrument, DLg007.A-263C - 2007.07.200 Page 3 of 5 ' ~ - 6-956-1868 <br /> 800-968-8522 - Fati 61 <br /> Initials <br /> L <br />