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<br />the title to the Property against any and all claims and demands whatsoever, subject to the easements,
<br />restrictions, or other encumbrances of record acceptable to Lender, as �nay be listed in the schedule of
<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, workin� order, and condition and will from time to time, make all needful and
<br />proper repairs so that tlie value of the Praperty shall not in any way be impaired.
<br />Removal of any Part af the Property. Grantar promises not to remove any part of the Property from its
<br />present location, except for replacement, maintenance and re1ocation in the ordinary course of business.
<br />Alterations to the Property. Grantor promises to ab5tain frorn the eommission of any waste on the
<br />ProperCy. Nurther; Grantor shall make no material alterations, additions or improvements of any type
<br />whatever to the Prnperty, re�;ardless of whether such alterations, additions or improvements would increase
<br />the value of the Property, nor permit anyone to do so except for tenant imprnvements and carnpletion aF
<br />items pursuaut to approyed plans and specifications, without Lender's prior written consent, which consent
<br />may be withheld by Lender in its sole discretion. Grantor will comply with all laws and regulations of all
<br />public autharities having jurisdiction over the premises relating to the use, occupancy and mainten,ance
<br />thereof and shall upon request promptly submit to Lender evidence af such compliance.
<br />Due on Sale - Lender's Consent. Grantor shall not sell, further encumber or otherwise dispose af, except as
<br />herein provided, any or all of its interest in any part of or all of the Property without first obtaining the
<br />written consent of Lender. If any encumbrance, lien, transfer ar sale or agreement for these is created,
<br />Lender may declare imrnediately due and payable, the entire balance of the Indebtedness.
<br />Insurance. Grantor prarnises to keep the Property insured against such risks and in sucli form as may vvithin
<br />the sole discretion of Lender be acceptable, causing Lender to be named as loss payee or if requested by
<br />I_ender, as mortgagee. The insurance company shall be chosen by Grantor subject to Lender's approval,
<br />which shall r�ot be unreasonably withheld. All insurance policies must prnvide that Lender will get a
<br />minimum of ] 0 days notice prior to cancellation. At Lender's discretion, Grantor may b� required ta produce
<br />receipts of paid premiums and renewal policies. Tf Grantor fails to obtain the required coverage, Lender may
<br />do so at Grantor's expense. Grantor hereby directs each and every insurer of the Property to make payment nf
<br />loss to Lender with the proceeds to be applied, only at Lender's option, to the repair and replacement of the
<br />damage or loes or to be applied to the Tndebtedness with the surplus, if any, to be paid by Lender to Grantor.
<br />Payment of Taxes and Other Applicable Charges. Grantor promises to pay and to discharge li�ns,
<br />encumbrances, taxes, assessments, lease payments and any other charges relating to the Property when levied
<br />or assessed against Grantor or the Property.
<br />Environmental I,aws and Hazardous or Toxic Materials. Grantor and every tenant have been, are
<br />presently and shall continue to be in strict compliance with any applicable local, state and federal
<br />environmental laws and regulations. Further, neitTier Grantor nar any tenant shall manufacture, sCore, handle,
<br />discharge or dispose of hazardous or toxic materials as may be de�ned 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 Lender in writing of any assertian ar claim made by any party as to
<br />the possible vialation oF applicable state and federal environmental laws including the location of any
<br />hazardous or toxic materials on or about the Prpperty. Grantor indemnifies and holds Lender harmless frorn
<br />any liability or expense of whatsoever nature incurred directly or indir�ctly as a result of Grantar's violation
<br />of applicable lacal, state and federal environmental laws and regulations or Grantor's invalvernenr with
<br />hazardous or toxic materials.
<br />Financial Information. Grantor agrees to supply Lender such financial and other information cancerning its
<br />affairs and the status of any of its assets as Lender, from time to tirne, may reasonably request. Grantor
<br />furtfier agrees to permit Lender to verify accounts a5 well as to inspect, copy and to examine the books,
<br />records and files of Grantor.
<br />I�ender's Right to Enter. Lender or Lender's agents shall have the right and access to inspect the Property at
<br />all reasonable times in order to attend to Lender's interests and ensure compliance wiCh 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, rnay enter upon the Property to effect
<br />such obligation; and the cost thereof shall be added to the lndebtedness and paid on Lender's demand by
<br />Grantor.
<br />--- .__�. ASSIG`1�11VIENT OF LEASES AND REN I'S. payrrrent�ftlr��rr�cbtcdness�tr�ttr�
<br />performance of the covenants contained herein, Grantor hereby assigns and transfers over to Lender all rents,
<br />income and prafits ("RenCs") under any present or future leases, subleases or licenses oF the Property, including
<br />any guaranties, extensions, amendments or renewals thereof, from the use of the Property. So long as Grantor is
<br />not 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 rnay also require Grantor, tenant and any other user of the Property to
<br />rnake payments of Rents directly to Lwender. However, by receivin� any such payments, Lender is not, and shall not
<br />be considered, an agent for any party or entity. Any amounts collected inay, at Lender's sole discretion, be applied
<br />to pratect Lender's interest in Che Property, including but not limited to the payment of taxes and insurance
<br />premiums and to the Indebtedness. At Lender's sale discretion, all l�ases, subleases and licenses must first be
<br />approved by Lender.
<br />�J 2004-2010 CumpGuncc Systcros, Ina F947-IFT)5 - 2010.05.365
<br />C'ommercial Real Fsla�e Security Instrument - UTA007 Pabc 2 of 5 wknv.compGancc�ystems.com
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