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:?. ,,. ., „ �osoosss� <br />CONDEMNATION. Grantor shall give Lender notice of any action taken or threatened to be taken by private or <br />public entities to appropriate the Property or any part thereof, through condemnation, eminent domain or any other <br />action. Further, Lender shall be permittsd to participate or intervene in any of the abave described proceedings in <br />any manner it shall at its sole discretion determins. Lender is hereby given full power, right and autharity 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 or otherwise in accordance <br />with applicable law. Unless Lender otherwise agrees in writing, any application of proceeds to the Indebtedness <br />shall nat extend or postpone the due date of the payments due under the Indebtedness or change the amaunt of <br />such payments. <br />GRANTOR'5 ASSURANCES. At any time, upon a request of Lender, Grantor will execute and deliver to <br />Lender, and if appropriate, cause to be recorded, 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 />C,ender's sole discretion, to effectuate, 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 Documents, including those <br />obligatians mentioned in the preceding paragraph, Lender as attorney-in-fact rnay fulfill the obligations withaut <br />notice to Grantor. This power of attorney shall not be affected by the disability of the Grantor. <br />�VENTS OF DEFAULT. The following events shall constitute default under this Security Instrurnent (each an <br />"Event of Default"): <br />(a) Failure to make required payments when due under Tndebtedness; <br />(b) Pailure to perform or keep any of the covenants of this Security Instrumant or a default under any of <br />the Related Documents; <br />(c) The making of any oral or written statement or assertion to Lender that is false or misleading in any <br />material respect by Grantor ar 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 assigrunent by Grantor for the benefit of Grantar's creditars; <br />(fl A material adverse change occurs in the financial condition, ownership or management of Grantar or <br />any persan obligated on the Indebtedness; or <br />(g) Lender desms itself insecure for any reason whatsoever. <br />REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default, Lender may, withaut demand or <br />notice, pay any or all taxes, assessments, premiums, and liens reyuired to be paid by Grantor, effect any insurance <br />provided for herein, make such repairs, cause the abstracts of title ar title insurance policy and tax histories of the <br />Property to be certified to date, or procure new abstracts af title or title insurance and tax histories 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 on <br />the Indebtedness until paid. In the event of foreclosure, the abstracts of title or title insurance shall become the <br />property of l,ender. All abstracts of title, title insurance, tax histaries, surveys, and other documents 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 TH� PROCEDURE FOR FORECT.,OSURE OF <br />A SECURiTY 1NSTRUMENT BY ADV�RTISEMENT, AS FROVIDED BY APPLICABLE LAW, OR IN THE <br />EVEN7' LENDER EXERCISES ITS RIGHTS UNDER THE ASSIGNMENT OF L�ASES AND RENTS, THE <br />LENDER 5HALL PROVIDE ALL STAT�LITORILY REQUIRED NOTICES OF SALE AND NOTICES OF <br />JUDICIAL HEARING5 B�FORE I.,ENDER EX�RCISES ANY OF ITS RIGHTS UNDER TH1S <br />iNSTRLTMENT. <br />Upon the occurrence of an Event of Default, Lender may, without notice unless required by law, and at its aption, <br />declare the entire Indebtedness due and payable, as it may elect, regardless of the date ar dates of maturity thereof <br />and, if permitted by state law, is authorized and empawered to cause the Properly to be sold at public auction, and <br />to execute and deliver to the purchaser or purchasers at such sale any deeds af conveyance good and sufficient at <br />law, pursuant to the statute in such case made and provided. 'T'he 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, ta payment of the obligation secured by the trust deed; third, to the <br />payment of junior trust deeds, mortgages, or oth�r 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 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 optian of Lender, be made en masse. The commencement of proceedings to foreclose this <br />Securiry Instrument in any manner autharized by law shall be deemed 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 Property and of the earnings, incorne, issue and pratits of it, with the <br />powers as the court making the appointments confers. Grantor hereby irrevocably consents to such appointment <br />and waives notice of any application thsrefor. <br />O 200A-Z010 Complisnce Systems, Ina F947-39C3 - 2010.OS.365 <br />Commerciel fteal Estare Securitv Instrumant • AUla07 <br />