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� � �� � � A � 2oioos�o� <br />premiurns and to the Indebtedness. At Lender's sole discretian, all leases, subleases and licenses rnust first be <br />approvcd by Lender. <br />CONDEMNATION. Grantor shall give Lender notice of any action taken or threatened to be taken by private or <br />public entities tn appropriate the Property or any part thereof, through condemnation, eminent domain or any other <br />action. Further, I.ender shall be permitted to participate ot intervene in any of the above described proceedings in <br />any manner it shall at its sole discretion determine. Lender is hereby given full pawer, right and authority to <br />receive and receipt for any and all damages awarded as a result of the full or partial taking or appropriation and in <br />its sole discretion, to apply said awards to the Indebtedness, whether or not then due ar otherwise in accordance <br />wiCh applicable law. Unless L.ender otherwise agrees in writing, any application of proceeds ta the IndebCedness <br />shall not extend or postpone the due date of the payments due under the Indebtedness or change the amount of <br />suc:h payments. <br />GRANTOR'S ASSURANCES. At any tirne, upon a request of L.ender, Grantor will execute and deliver to <br />Lcnder, and if appropriate, cause to be recorded, such further mnrtgages, assignrnents, assignments of leases and <br />rents, security agreements, pledges, financing staternents, or such other document as Lender rnay require, in <br />L,�nder's sole discretion, t� effectuate, complete and to perfect as well as ta continue to preserve the Indebtedness, <br />or the lien or security interest created by this Securiry Instrument. <br />ATTORNEY-IN-FACT. Grantor appoints Lender as attorney-in-fact on behalf of Grantor. Tf Grantor fails to <br />fulfill any of Grantor's obligations under this Security Instrument or any Related Docurnents, including those <br />obligations mentioned in the preceding paragraph, I..ender as attorney-in-fact may fulfill the obligations without <br />natice to Grantor. This power of attorney shall not be affected by the disability of the Grantar. <br />EVENTS OF DEFAULT. The following events shall c;onstitute defaulc under this Security Instrument (each an <br />"Event of Default"): <br />(a) Failure to make required payments when due under Indebtedness; <br />(b) Failure to perform or keep any of the covenants of this Security Instrument ar a default under any of <br />the Related Docurnents; <br />(c) The making of any oral or written sCatement or assertion to L.ender that is false �r misleading in any <br />material respect by Grantor or any person obligated on the Indebtedness; <br />(d) The death, dis�olution, insalvency, bankruptcy or receivership proceedang of Grantor or of any person <br />or entity obligated on the Indebtedness; <br />(e) Any assignment by Grantor for the ben�fit of Grantor's creditors; <br />(f� A material adverse change occurs in the financial condition, ownership or managernent of Grantor or <br />any person obligated on the Indebtedness; or <br />(g) I..ender deems itself insecure for any reason whatsoever. <br />REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default, I.ender may, without derr►and or <br />notice, pay any or all taxes, assessments, premiuxns, 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 of the <br />Property to be certified to date, or procure new abstracts of title or title insurance and tax histories in case none <br />were furnished to it, and procure title reports covering the Property, including surveys. The amounts paid for any <br />such purposes will be added to the Indebtedness and wrll bear interest at the rate of interest otherwise accruing on <br />the Indebtedness until paid. In the event of foreclosure, the abstracts of title or title insurance shall become the <br />property of I.ender. All abstracts of title, title insurance, tax histories, surveys, and other docurnents pertaining to <br />the Indebtedness will remain in I.ender'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 SECUI2ITY INSTRUMENT BY ADVERTISEMENT, AS PROVIDED BY APPLICABLE LAW, OR IN THE <br />EVENT LENDER EXERCISES ITS RIGHTS UNDER THE ASSIGNMENT OF LEASES AND R�NTS, TH� <br />LENDER SHALL PROVIDE ALL STATUTORILY REQUTRED NOTTCES �F SALE AND NOTICES OF <br />JUDICIAL HEARINGS BEFORE LENDER EXERCIS�S ANY OF ITS RIGHTS UNDER THIS <br />INSTRiJMENT. <br />Upon the occurrence of an Event of Default, I..ender may, without notice unless required by law, and at its �ption, <br />declare the entire Indebtedness due and payable, as it may elect, regardless of the date ar dates of rnaturity thereof <br />and, if permitted by state law, is authorized and empowered to cause the Property to be sold at public auction, and <br />to executs and deliver to the 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 c�f the sale, including the payrnent of the <br />Trustee's fees actually incurred; second, to payment of the obligation sec.vred by the trust deed; third, to the <br />payment of junior trust deeds, mortgages, or other lienholders 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 of the <br />statements made in it. If I.ender 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 ta a judgment ar a decree for che fpreclosure <br />hereof may, at the option of I.ender, be made en masse. The commencement of proceedings to foreclose this <br />Security Instrurnent in any manner authorized by law shall be deerned as exercise of the above option. <br />Upon the occurrence of an Event of Default, Lender shall immediately be entitled to make application for and <br />obtain the appointment of a receiver for the Praperty and of the earnings, income, issue and profits af it, with the <br />powers as the court making the appointments confers. Grantor hereby irrevocably consents to such appointment <br />and waives notice af any application therefor. <br />(� 20(kt-21110 Cnmpliance Systems, Inc. F547-FRGC - 2010.05365 <br />Commercial Rcal Estatc Security Inclrumcnt - �LAW7 Pagc 3 of 5 www.cumplixnusyslcros.wm <br />