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zosoosis� <br />exceptions to coverage in any abstract of title or title insurance policy insuring Lender's interest in the <br />Property. <br />Condition of Property. Grantor promises at all times to preserve and to maintain the Property and every <br />part thereof in good repair, working order, and condition and will frorn time to time, make all needful and <br />proper repairs so that the value of the Property shall not in any way be impaired. <br />Removal of any Part of the Property. Grantor promises not to remove any part of the Property from its <br />present location, except for replacement, maintenance and relocation in the ordinary course of business. <br />Alterations to the Property. Grantor promises to abstain frorn the commission of any waste on the <br />Property. Further, Grantor shall rnake no material alterations, additions or improvernents of any type <br />�hatever to the Property, regardless of whether such alterations, additions or improvements would increase <br />the value of the Property, nor permit anyane to do so except for t�nant improvements and completion of <br />items pursuant to approved plans and specifications, without Lender's prior written consent, which consent <br />may be witliheld by Lender in its sole discretion. Grantor will comply with all laws and regulations d£ all <br />public authorities having jurisdiction over the premises relating ta the use, occupancy and maintenance <br />,.. . thereof and shall upon rec�uest pramptly sul�mit to Lender evidence of such coanpliance; - <br />Due on Sale - Lender's Consent. Grantor shall nat sell, further encumber or atherwise dispose of, except as <br />herein provided, any or ali oF its interest in any part of or a11 of the Property without first obtaining the <br />written consent of Lender. If any encumbrance, lien, transfer or sale or agreement for these is created, <br />Lender may declare immediately due and payable, the entire balance of the Indebtedness. <br />Insurance. Grantor promises to keep the Property insured against such risks and in such form as may within <br />the sole discretion of Lender be acceptable, causing L.ender to be named as loss payee or if requested by <br />Lender, as mortgagee. The insurance company shall be chosen by Grantor subject to Lender's approval, <br />which shall not be unreasonably withheld. All insurance palicies must provide that Lender will get a <br />minimum of 10 days natice prior to cancellation. At Lender's discretion, Grantor may be required to produce <br />receipts of paid premiums and renewal policies. If Grantor fails to obtain the required coverage, Lender may <br />do so at Grantor's expense. Grantar hereby directs each and every insurer of the Property to make payment of <br />lass. Co Lender with the proceeds to be applied, only at Lender's option, to the repair and replacement of the <br />damage or loss or to be applied ta the Indebtedness with the surplus, if any, to be paid by Lender to Grantor. <br />Payment of Taxes and Other Applicable Charges. Grantor promises ta pay and to discharge liens, <br />encurnUrances, taxes, assessments, lease payrnents and any other charges relating to the Property when levied <br />or assessed against Grantor or the Prnperty. <br />Environmental Laws and Hazardous or Toxic Materials. Grantor and every tenant have been, are <br />pre5ently and shall continue to be in strict compliance with any applicable local, state and federal <br />environznental laws and regulations. �^urther, neither Grantor nor any tenant shall manufacture, store, handle, <br />discharge or dispose of hazardnus or toxic materials as may be defined by any scate or federal law on the <br />Property, except to the extent the existence of such materials has been presently disclosed in writing to <br />Lender. Grantor will immediately notify C.ender in writing of any assertion or claim made by any parly as to <br />fhe possible violation of applicable state and federal environrnental laws including the location of any <br />hazardous or toxic materials on or abnut Che Property. GranCor indemnities and holds Lender harmless from <br />any liability or expense of whatsoever nature incurred directly or indirectly as a result of Grantor's violation <br />of applicable local, state and federal environmental laws and regulations or Grantor's involvement with <br />hazardous or toxic materials. <br />Finaneial information. Grantor agrees to supply Lender such financial and other information concerning its <br />affairs and the status of any of its assets as Lender, from time to time, may reasonably request. Grantor <br />further agrees to permit Lender to verify accounts as well as to inspect, copy and to examine the books, <br />records and �les of Grantor. <br />I.ender's Right to Enter. C_ender or Lender's agents shall have the right and access to inspect the Praperty at <br />all reasonable times in order to 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 inspection, repair or maintenance <br />which Grantor has failed to provide, Lender, after 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 L�ASES AND RENTS. As additional security for 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 />incorne and profits ("Rents") under any present or future leases, subleases or licenses of the Property, including <br />___ ... any guaranties, extensi�ns.�.�ndments or repe�s.thereof, fi the u� of the Pronertk�Q lon�as_Grantor is <br />nat in default, Grantor may receive, collect and enjoy all Rents aceruing 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. I3owever, by receiving any such payments, Lender is nnt, and shall not <br />be considercd, an agent for any party or entity. Any amounts collected may, at Lender's sole discretion, be applied <br />to protect Lender's interest in the Property, including but not lirnited to the payment of taxes and insurance <br />pre►niurns and to the Indebtedness. At Lender's sole discretion, all leases, subleases and licenses rnust tirst be <br />approved by Lender. <br />¢� 2004-2010 Compliance Systcros, Inc. F947-62E1 - 2D10.05.365 <br />Commercial Real Estatc Sccurity Instrumenl. - PI AUf17 Pnge 2 of 5 www.aomplianccsystert�s.com <br />