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N; � 45i�y i �,p. <br />20�007958 <br />be considered, an agent for any party or entity. Any ampunts collected rnay, at Lender's sole discretion, be applied <br />Co prptect Lender's interest in the Property, including but not limited to the payment of taxes and insurance <br />premiums and to the Indebtedness. At I,ender's sole discretion, all leases, subleases and licenses must �rst be <br />approved by Lender. <br />CONDEMNATION. Grantor shall give Lender notice of any action taken oc direatened to be taken by privale or <br />public entities to appropriate the Property or any part tlaereof, through condemnation, erninent domain or any other <br />action. Further, Lender shall be permitted to participate or intervene in any qf tl�e above described proceedings in <br />any manner it shall at its sole discretian determine. l,ender is hereby given full power, right and autliority to <br />receive and receipt for any and all damages awarded as a result of the full or partial taking or appropriation a��d 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 tl�e Indebtedness <br />shall not extend or postpone the due date of the payments due under the Indebtedness or change the amount of <br />such pa}nnents. <br />GRANTOR'S ASSURANCES. At any time, upon a request af Lender, Grantor will execute and deliver to <br />Lender, and if appropriate, cause to be recarded, 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 lndebtedness, <br />or the lien or security interest created by this Security Inscrument. <br />ATTORNEY-IN-FAC'I'. 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 E�elated Uocuments, includixig those <br />obligations mentioned in the preceding paragraph, l,ender as attortiey-in-fact may fulfill the obligacions without <br />notice ta Grantor. This power of attorney shall not be affected by the disability of the Grantor. <br />EVEN'1'S OF UFFAUIaT. The following events shall constituce defaulC under this Security InstrumenC (each an <br />"Event of Default"): <br />(a) k'ailure to make required payments when due under lndebtedness; <br />(b) Failure to perform c�r 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 assertiott t� Lender that is false ar misleading in any <br />material respect by Grantor or any person obligated on the Indebtedness; <br />(d) The death, dissolution, insolvency, bankruptcy or receivership proceeding of Grantor or of atty p�rson <br />or entity obligated on the Indebtedness; <br />(e) Any assignment by Grantor for ttae bene�t of Grantor's creditors; <br />( fl A znaterial advexse ctiange occurs in the �nancial condition, ownership or management of Grantor or <br />any person obligated on the indebtedness; or <br />(g) Lender deems itself iiisecure for any reason whatsoever. <br />R�ME:DIES ON llk:FAUL'I'. Upon the occurrence of an �'vent 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 af tlie <br />Property to be certified to date, or procure new abstracrs of title or title insurance and tax histories in ca5e none <br />were furnisl�ed to it, and procure title reports covering the Property, including surveys. The amounts paid for ai�y <br />such purposes will be added to the Indebtedness and will bear interest at the rate of interest otherwise accruing on <br />the Indebted�iess until paid. In tha event o£ foreclosure, the abstracts of title or title insuz shall become the <br />property af Lender. All abstracCs of title, title insurance, tax histories, surveys, and other documents pertaining to <br />the Indebtedness will remain.in Lender's possession until t}ae Indebtedness is paid in full. <br />IN THE EVEN'I' OF THE SALE OF THIS PROPERTY UNDER THE PROCF,DURE FOR FORECLOSURE OF <br />A SECURITY INSTRUM�NT BY ADV�R"TISEMENT, AS PROVIDED BY APPLICABLE LAW, OR IN THE <br />kV�',N'I' .C.ENllER EXERCISES ITS RIGHTS UNDER THE ASSI(iNMF_,N�' OF LEAS�S ANI7 RENTS, THE <br />LENDER SHALL PROVIU� AI.L S'1 ATUTORILY REQUIRED NOTICES OF SA.I_,� ANll NOTICES OF <br />JUDICIAL F3EARINGS BEFORE LBND�fZ E3C�ItCISES ANY OF ITS RIGHTS UNUER THIS <br />INSTAUMENT'. <br />Upon the occurrence of an Event of Default, Lender may, without notice unless required by law, and at its option, <br />declare the entire Indebtedness due and payable, as iC may elect, regardless of the date or dates of maturity thereof <br />and, if pernnitted by state law, is authorized and empowered to cause tlie Property to be sold at public auction, and <br />to execute and deliv�r to the purchaser or purchasers at such sale any deeds of conveyarace good and sufficient at <br />law, pursuant to the statute in such case znade and provided. The Trustee sha11 ap�ly the proceeds of the Trustee's <br />sale, �rst, to fhe costs and expenses of exercising the pnwer of sale and of tlie sale, including the payment of ttie <br />Trustee's fees actually incurred; second, to payment of the obligation secured by the trust deed; third, to the <br />payxnent of junicyr trust deeds, mortgages, or other 1ienholders 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 o£ the <br />statements made in it. If Lender chooses to invoke the power of sale, Lender or Trustee will provide notice of sale <br />pursuant to applicable law. Any such sale or a sale made pursuant to a judgment ar a decree for the foreclosure <br />hereof may, at the optic�n o£ Lender, be made en masse. 'I'he cammencemexit of proceedings to foreclo5e this <br />Security Ii�strument in any manner authorized by law shall be deemed as exercise of the above aptit�n. <br />Upoai tl�e occurrence of an Event of Uefault, Lender shall immediately be entitled to xnake application for and <br />obtain the appoi��tment of a receiver for the Property and of the earnings, income, issue and profits of it, with the <br />�9 200A-2010 Cvmplinnce Sys�ems, Inc. F947-FOFA - 2010.05365 <br />Commeraial. Cnnsnvctinn Security Instrumcnt - �LA007 Pagc 3 of 5 � www.compliancesystemg.com <br />