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<br />201001531 <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 fo attend to Lender's interests and ensure compliance with the terms of this <br />Security Instrument. If the Property, or any 'part thereof, shall require inspectioii; repair or maintenance <br />'which Grantor has failed `ta provide, Lender; ai}er 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 Lender's demand by <br />Grantor. <br />ASSIGNMENT OF LEASES AND RENTS. As additional security far 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 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 Lr~ndcr's dllter'e5't in fire Property, ia7cludirag but not liruited, to the .pays}rent 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 />its sole discretion; to apply said awards to the Indebtedness, whether ar not then due or otherwise in accordance <br />with applicable law. Unless Lender otherwise agrees in writing, any application of proceeds to the lndebtedness <br />shall not extend or postpone the due date of the payments due under the' Indebtedness or change the arrrount of <br />such payments:, <br />GRANTOR'S"ASSURANCES. At 'any time; upon a request of Lender; Grantor will 'execute and' deliver to <br />Lender, and if appropriate; cause to be recorded, such further mortgages, assignments; assignments of leases and <br />rents, security agreements, pledges, financing statements, ar 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 />_ - . _. -------~_ctice t~-Gr r.*.cr. '!'l;:~s, p4.wer cf wttcrt;e~: shall--not b>r »ffect:.d by tl.e-e:isability of th;, 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 Lender that is false or misleading in any <br />material respect by Grantor or any person obligated on the Indebtedness; <br />(d) The death, dissoltition, 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 beriefit of Grantor's creditors; '' <br />(f). A material adverse change occurs in the financial condition, ownership or management of Grantor or <br />any person obNgated 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, 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 Irrdebted,ress until paid: In the- event of foreclosure, the abstracts of title or title insurance shall become the <br />property of Lender. All abstracts oftitle, title insurance, tax histories, surveys, and other documents pertaining to <br />the Indebtedness will remain in Lender's possession until the lndebtedness is 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 AFPLICABLE LAW, OR IN THE <br />EVENT LENDER EXERCISES 1TS RIGHTS UNDER THE ASSIGNMENT OF LEASES AND RENTS, THE <br />LENDER SHALL PROVIDE ALL STATUTORILY REQUIRED NOTICES OF SALE AND NOTICES OF <br />JUDICIAL HEARINGS BEFORE LENDER EXERCISES ANY OF IT5 RIGHTS UNDER THIS <br />INSTRUMENT. <br />O 2004.2009 Compliance Sysb~ms, Inc. DA4b-2ASI - 2009.08.333 <br />