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<br />' 201000851 <br />~' is i} 9 $ ~) y R ' MORTGAGE <br />Loan No: 57296005729609 (Continued) <br />Page 5 <br />Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause <br />to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender; cause to be filed, recorded, <br />refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all <br />such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of <br />further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to <br />effectuate, complete, perfect, continue, or preserve 11) Borrower's and Grantor's obligations under the Note, this Mortgage, and the <br />Related Documents, and 12) the liens and security interests created by this Mortgage as first and prior liens an the Property, <br />whether now awned pr hereafter acquired by Grantor. Unless prohibited by law or Lender agrees tp the contrary in writing, Grantor <br />shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. <br />Attorney-in-Fact. If Granter fails to do any of the things referred to in the preceding paragraph, Lender may do sn for and in the name <br />of Grantor and at Granter's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney-in-fact for <br />the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary pr desirable, in Lender's <br />sole opinion, to accomplish the matters referred to in the preceding paragraph. <br />FULL PERFORMANCE. If Borrower and Grantor pay all the Indebtedness when due, and Grantor otherwise performs all the obligations <br />imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable <br />statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. <br />Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. - <br />EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Mortgage: <br />Payment Defauk. Borrower fails to make any payment when due under the Indebtedness. <br />Defauk on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, <br />or any other payment necessary to prevent filing of or to effect discharge of any lien. <br />Other Defaults. Borrower or Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in <br />this Mortgage or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition <br />contained in any other agreement between Lender and Borrower or Grantor. <br />Default in Favor of Third Parties. Should Borrower or any Grantor default under any loan, extension of credit, security agreement, <br />purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of <br />Borrower's or any Grantor's property or Borrower's ability to repay the Indebtedness or Borrower's or Grantor's ability to perform their <br />respective obligations under this Mortgage or any related document. <br />False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Grantor or on Borrower's <br />or Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect, either now or at the <br />time made or furnished or becomes false or misleading at any time thereafter. <br />Defective Collateralization. This Mortgage or any of the Related Documents ceases to be in full force and effect lincluding failure of <br />any collateral document to crests a valid and perfected security interest or lien) at any time and for any reason. <br />Insolvency. The dissolution or termination of Borrower's pr Grantor's existence as a going business, the insolvency of Borrower pr <br />Grantor, the appointment of a receiver for any part of Borrower's or Grantor's property, any assignment for the benefit of creditors, <br />any type of creditor workout, ar the commencement of any proceeding under any bankruptcy nr insolvency laws by or against <br />Borrower or Grantor. <br />Creditor qr Forfeiture Proceedings. Commencement of foreclosure or forfeiture prpceedings, whether by judicial proceeding, self-help, <br />repossession or any other method, by any creditor of Borrower or Grantor or by any governmental aganay against any property <br />securing the Indebtedness. This includes a garnishment of any of Borrower's or Grantor's accounts, including deposit accounts, with <br />Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower or Grantor as to the validity or <br />reasonableness of the claim which is the basis of the creditor ar forfeiture proceeding and if Borrower or Grantor gives Lender written <br />notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture <br />proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. <br />Breach of Other Agreement. Any breach by Borrower or Grantor under the terms pf any other agreement between Borrower or <br />Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement <br />concerning any indebtedness or other obligation of Borrower or Grantor to Lender, whether existing now or later. <br />Events Affecting Guarantor. Any pf the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation <br />party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or <br />revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. <br />Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment nr <br />performance of the Indebtedness is impaired. <br />Insecurity. Lender in good faith believes itself insecure. <br />RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, <br />may exercise any one or mere of the following rights and remedies, in addition to any ether rights or remedies provided by law: <br />Accelerate Indebtedness. Lender shall have the right at its option to declare the entire Indebtedness immediately due and payable, <br />including any prepayment penalty that Borrower would be required to pay. <br />UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured <br />party under the Uniform Commercial Code. <br />Collect Rents. Lender shall have the right, without notice to Borrower or Grantor, to take possession of the Property and collect the <br />Rents, including amounts past due and unpaid, and apply the net proceeds, aver and above Lender's costs, against the Indebtedness. <br />