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201007$62 <br />X7ocuments together with any other instrUment given to evidence or further secure the payment <br />and perforimance of any obligation secured hereby or thereby; and <br />(c) Payment af all costs, �xpenses, legal fe�s and liabilities incwnred by the Authority <br />in cannection with the enforcement of any af the Authority's ri.ghts or remedies under this <br />Recapture Deed of Trust or the other 1602 Documents. <br />It is the intentioa of the parties hereto that the Properiy shall secure all of the Obli�;ations <br />presently or hereafter awed, and that t}�e priority o�the security interest created by this Recapture <br />Deed of Trust far all such Obligations shall be contralled by the ti7ne of proper recording of this <br />Recapture Deed af Trust. This paragraph shall serve as notice to all persons who may seek or <br />obtain a lien on the Properiy subsequent to the date af xecardi.ng of'this Recaptwre Deed of Trust, <br />that until this Reca�ture Deed of Trust is released or reconveyed, any debt owed to the Authority <br />�y Grantnr in connection with the 1602 Documents, including advances �made subsequent ta the <br />recardang of this Recapture Deed of Trust, shall be secured with tlxe priority afforded this <br />Recapture Deed of Trust as recorded. <br />The Grantor covenants with tkt� Autharity as follows: <br />1. Grantor will pay the Obligations at the times and in the manner provided therein. <br />2. Gratitor will not permit or suffer the use of any of the Premises for any purpose <br />other than the use for which the same was intended at the time this Recapture Deed of Trust was <br />executed. <br />3. The 1602 Agreement, executed by the Grantor and the Aut.�.ority, which has been <br />recorded, is incorporated in. and made a part of this Recapture Deed of Trust, and an Event of <br />Def�ttlt pursuant to the terms of the 1,602 Agreement beyond ail applicable notice and cure <br />p�riods shall constitute an Event of Default under the texaaaas a.nd pravisicans of this Recapture <br />Deed of Trust and the Authority may, at its option, declare the whole indebtedn�ss eaxned to be <br />due and payable. <br />4. The assigYVment o� Rents, which is set forth in this Section 4, shall be subject to <br />the rights af Horizon Bank (the "Senior Lender'� with respect to such Rents under the loan <br />documents evidencing or securing the loan made by Senior L,ender. Legal title ta all R�nts <br />cavered by this Recapture Deed of T�rust are hereby absolutely assigned ta the Autharity for the <br />purpose of discharging th� payment and performance af the Obligations hercby s�curcd. <br />Permission is hereby given to Grantor for so long as na Event of Default exists hereut�der, to <br />collect such Rents for use in accordance with the provisions of tJie 16U2 Ag�reement; but if there <br />be an Event of Defiult hereunder, such permissian to collect Rents shall revert to the Authority. <br />After any Event of Default, the Authaxity may at any time without notice, either in person, by <br />agent, or by receiver to be appointed by the caurt, and without regard ta the adequacy of any <br />security for the pbligatians, enter upon and take possession of the Properiy, or any part thereo� <br />make, cancel; enforce ar modify leases; obtain and eject tenants in accordance with all applicable <br />laws, set or modify rents; in its awn name sue or otherwise collect the rents, income, issues and <br />profits thereo� including those past due and unpaid; and apply the sazne, �55 CO5�5 aII(� �X�EIISBS <br />Recapture Deed af Trust and 5ecurlty AQreement <br />484U�755�9942.2 <br />