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<br /> <br /> <br /> <br /> 201006683 <br /> <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 Lsender. However, by receiving any duch payments;, Lender is not, and shall not <br /> be considered, an agent for any:party iar entity, Any,amwunts collected spay, at,<Lender's,sole dlscret ?pt.be;applied <br /> to protect-tender's' nterest'Yn the";Aopert}r;:'.mcluding'biii'not limdtedt:to the pay~nen~C'4f,talces,.~ttd insurance <br /> premiums' "arid to the Indebtedness.- At Lender's,: sole discretion, all, rises;: 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 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. i <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, 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,.precoding paragraph,.Lei der as attorney m-fact may futfill the obligations Without <br /> notice to Grantor This power of attorney shall not he affectedbyt thhe. ¢ zsablity of the Gr pi <br /> for <br /> M „ <br /> EVENTS OF DEFAULT. The following 'evAts7ish44,fconstttute default uridor this Security Ins"ment. (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 uny oral or written statement or assertion to Lender that is false or misleading in any <br /> material respect try Grantor or any person obligated on the Indebtedness; <br /> (d) The death, disso;ution, insolvency, bankruptcy or receivership proceeding of Grantor or of any person <br /> or entity obligated on the Indebtedness; <br /> (e) Any.assignmenx.by, Grantor for the benefit-of rxantor's creditors; <br /> (f) A material adverse change occurs in the financial condition, ownership or management of Grantor or <br /> any person oblil rted on the Indebtedness; or ' ` <br /> (g) Lender deems itself insecure for any reason whatsoever. <br /> REMEDIES ON DEFAI'LT. 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;,uch repairs, cause the abstracts of title or title insurance policy and tax histories of the <br /> Property to be certified tp, date, or procure new abstracts of title or title insurance and tax histories in case none <br /> were furnished to it, and " ~ocure title reports covering the Property, including surveys. The amounts paid for any <br /> such purposes will .be add to the, Indebtedness and will bear interest at the rate of, interest otherwise accruing on <br /> the Indebtedness until pa' t: In the event of foreclosure, the. abstracts of4itle,or title insurance skull become the <br /> property of Lender. ,411 a tracts of title, title insurance, tax.bistories, surveys; attd; ather:docu hts pertaining to <br /> the Indebtedness will rema;n in Lender's pos'session.until the Indebtedness'is,paid in full <br /> IN THE EVENT OF TH~, SALE OF THIS PROPERTY UNDER THE PROCEDURE FOR FORECLOSURE OF <br /> A SECURITY INSTRUh',ENT BY ADVERTISEMENT, AS PROVIDED BY APPLICABLE LAW, OR IN THE <br /> EVENT LENDER EXEI CISES ITS RIGHTS UNDER THE ASSIGNMENT OF LEASES AND RENTS, THE <br /> LENDER SHALL PRO' 'IDE ALL STATUTORILY REQUIRED NOTICES OF SALE AND NOTICES OF <br /> JUDICIAL HEARING: BEFORE LENDER EXERCISES ANY OF ITS RIGHTS UNDER THIS <br /> INSTRUMENT. <br /> Upon the occurrence of n Event of Default, Lender may, without notice unless required by law, and at its option, <br /> declare the entire Indebt_"dness 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 causethe Property so b . sold at public auction, and <br /> to execute and deliver It, the purchaser or purchasers at such sale any deeds of conveyance good and sufficient at <br /> law, pursuant to the sta?:ate in such case made and provided. The Trustee shall apply the proceeds of the Trustee's <br /> sale, first, to the costs ;:md expenses of exercising the power of sale and of the sale, including the payment of the <br /> Trustee's fees actuallyncurred; 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.,1r "Lender chooses to invoke the power of sale, Lender or Trustee'will provide notice of sale <br /> pursua??,t to applicable'; aw Any such, sale or a,salq made pursuant to a judgment or a decree for the'.foreclosure' <br /> r <br /> m ?404.~010 GgmplianCa Systems, Iqr, F947-FD6N - 2010,05.365 t - <br /> Confm roial Real Estate Securit ImLriimenl-DL4007 Palle 3 ors jnv. . M llencas wlh .W1n <br /> initials <br />