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<br />CONDEMNATION. Grantor shall give Lender notice of any action ta]cen or threatened to be taken by private or
<br />public entities to appropriate the Propearty or any part thereof, through condemnation, erninent domain or any other
<br />action. Further, I.ender shall be permitted to participate ar intervene in any of the above described proceedings izt
<br />any manner it shall at its sole discretion detern�ine. 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 ar 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 paym�nts.
<br />GRANTOR'S ASSURANCES. At any time, upon a request of Lender, Grantor will exccute and dsliver to
<br />Lender, and if appropriate, cause to be recorded, such further mortgages, assignments, assignments of leases and
<br />rents, security agreements, pledges, �nancing statements, or such other docurnent as L.ender may require, in
<br />Lender's sole discretion, to effsctuate, 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 Docunnents, including those
<br />obligations mentioned in the preceding paragraph, Lender as attorney-in-fact may fulfill the obligatians without
<br />notice to Grantor. This power of attorney shall not be affected by the disability of the Grantor.
<br />EVENTS OF DEFALTLT. The following events shall constitute default under this Security Instrument (each an
<br />"Event of Default"):
<br />(a) Failure to make required payments when due under Indebtedness;
<br />(b) Pailure 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 any oral or written statement or assertion to L,ender that is false or niisleading in any
<br />rnaterial respect by Grantor or any person obligated on the Indebtedness;
<br />(d) The death, dissolution, insolvency, bankruptcy or receivership proceeding of Grantor or of any person
<br />or entity obligated on the Indebtedness;
<br />(e) Any assignment by Grantor for the benefit of Grantor's creditors;
<br />( fl A material adverse change occurs in the �nancial condition, ownership or management of Grantor or
<br />any person obligated an the Indebtedness; or
<br />(g) Lender deems itself insecure far any reason whatsoever.
<br />REMEDIES ON DEFAiTLT. Upon the occurrence of an Event of Default, Lender may, without demand or
<br />notice, pay any or all taxes assessments, premiums, and liens requixed to be paid by Grantor, effect any insurance
<br />pravided for herein, make such repairs cause the abstracts af title or title insurance policy and tax histories of the
<br />Property to be certi�ed to date, ar procurc new abstracts of title or title insurance and tax kustories in case none
<br />were furnished to it, and procure title reparts covering the Property, including surveys. The amounts paid for any
<br />such purposes will be added to the Indebtedness and will bear interest at the rate of interest otherwise accruing an
<br />the Tndebtedness until paid. In the event of foreclosure, the abstracts of title or title insurance shall become the
<br />property o£ Lender. All abstracts of title, title insurance, tax histories, surveys, and ather docurnents pertaining to
<br />the Indebtedness will remain in Lender's possession until the Indebtedness is paid in full.
<br />IN THE EVENT OF THE SALE OF THIS PROPERTY UNDER THE PROCEDURE FOR FORECLOSURE OF
<br />A SECUR.ITY 1NSTRUMENT BY ADVERTISEMENT, AS PROVIDED BY AFPLICABLE LAW, OR 1N THE
<br />EVENT LENDER EXERCISES ITS RIGHTS UNDER THE ASSIGNMENT OF LEASES ANll RENTS, THE
<br />LENDER SHALL PKOVIDE ALL STA'I'UTORILY REQUIRED NOTICES OF SALE ANn NOTICES OF
<br />JUDTCIAL HEARINGS BEFORE LENDER EXERCISES ANY OF ITS RIGHT5 UNDER THIS
<br />INSTRUMENT.
<br />Upon the occurrence of an Event of Default, Lender may, without notice unless required by law, and at its option,
<br />declare the entira Indebtedness due and payable, as it may elect, regardless of the date or dates of maturity thereo£
<br />and, if pernutted by state law, is authorized and empowered to cause the Property to be sold at public auction, and
<br />to execute and deliver to th� purchaser or purchasers at such sale any deeds of conveyance good and sufficient at
<br />law, pursuant to the statute in such case made and provided. The Trustee shall apply the proceeds of the Trustee's
<br />sale, first, to the costs and expenses of exercising the power of sale and of the sale, including the payment of the
<br />Trustee's fees actually incurred; 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, ta the person or persons
<br />ie�auy erni�� ��u�:.���=�����-ae�� sn�ir �� �� faciezvid�nce of the - truth - of the
<br />statements made in it. If Lender chooses to invoke the power of sale, Lender or Trustee will provide natice of sale
<br />pursuant ta applicable law. Any such sale or a sale made pursuant to a judgrnent or a decree for the foreclosure
<br />hereof may, at the option of Lender, be rnade en rnasse. The commencement of proceedings to foraclose this
<br />Security Instrument in any manner authorized by law shall be deemed as exercise of the above option.
<br />Upon the occurrence of an Event of Default, I,ender shall irnmediately be entitled to make application for and
<br />obtain the appointment of a receiver for the Property and of the earnings, income, issue and profits of it, with the
<br />powers as the court making the appointments confers. Grantor hereby irrevocably consents to such appaintment
<br />and waives notice of any application therefor.
<br />NO WAIVER. No delay or failure of Lender to exercise any right, remedy, power or privilege hereunder shall
<br />affect that right, remedy, power or privilege nor shall any single or partial exercise thereof preclude the exercise of
<br />any right, remedy, power or privilege. No Lender delay or failure to demand strict adherence to the terms of this
<br />� 2004-2010 Complimce Systems, Inc. F947-699B - 2010.D5365
<br />Cammercial Real Estate Saurity instrwnent - DIA007 Page 3 of 5 www.complisncesystema.com
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