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2oioo�s3� (c) Payment of all costs, expenses, legal fees and liabiliCies incurred by the Authority in connection with the enforcement of any of the Autharity's rights or rernedies under this Recapture Deed of Trust or the other 1602 Documents, It is the intention of the parties hereto that the Property shall secure all of the Obligations presently or hereafter owed, and that the priority of the security interest created by this Recapture Deed of Trust far all such Obligations shall be controlled by the time of praper recording of this Recapture Deed of Trust. This paragraph shall serve as notice to all persons r�vho may seek or obtain a lien on the Property subsequent to the date af recording af this Recapture Deed of Trust, that until this Recapture Deed of Trust is released or reconveyed, any debt owed ta the Authority by Grantor in connection with the 1602 Documents, including advances made subsequent to the recording af this Recapture Deed of Trust, shall be secured with the priority afforded this Recapture Deed of Trust as recorded. The Grantor cavenants with the Authority as follows: Grantor will pay the Obligations at the times and in the manner provided therein. 2. Grantor will not permit or suffer the use nf any of the Premises far any purpose ather than the use far which the same was intended at the time this Recapture Deed of Trust was executed, 3. The 1602 Agreement, executed by the Grantor and the Authority, which has been. recorded, is incorporated in and made a part of this Recapture Deed of Trust, and an Event af Default pursuant ta the terms of said 1602 Agreement beyond all applicable notice and cure periods shall constitute an Event of Default und�r the t�rms and pravisians af this Recapture Deed of Trust and the Authority may, at its option, declare the whole Subaward earned ta be due and payable. 4. The assrgnrnent of Rents, which is set forth in this Section 4, shall be subject to the rights of Horizon Bank (the "Senior Lender") with respect to such Rents under the laan docurnents evidencing or securing the laan made by Senior Lender. Legal title to all Rents covered by this Recapture Deed of Trust are hereby absolutely assigned to the Authority for the purpose of discharging the payrnent and performance af the Obligatians hereby secured. Permission is hereby given to Grantor for so long as no Event af Default exists hereunder, to collect such Rents for use in accordance with the provisions of the 1602 Agreement; but if there be an Event of Default hereunder, such permission to collect Rents shall revert to the Authority. After any Event of Default, the Authority may at any time without notice, either in person, by agent, or by receiver to be appointed by the court, and without regard to the adequacy of any security far the Qbligations, enter upon artd take possession of the Property, or any part thereof make, cancel, enforce or modify leases; obtain and eject tenants in accordance with all applicable laws, set or modify rents; in its owrt name sue or otherwise collect the rents, incame, issues and profits thereof, including those past due and unpaid; and apply the same, less casts and expenses of operation and collection, including reasonable attorneys' fees, upon any Obligations secured hereby and in such order as the Autharity may determine; and except for such application, the Authority shall not be liable to any person for the collection or non-callection af any rents, 6 Recapture Deed of Trust and Security Agreement 4848-2546-7143.3