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� _, _ <br />r:�'� �:�;�; �� � �, 20100915� <br />CONDFMNAT'ION. Grantor shall give Lender notice of any action taken or tlueatened to be takert by private or <br />public entities to appropriate the Property or any part thereof, through condemnation, eminent domain ar any other <br />action, f�urther, Lender shall be per�nitted to participate or intervene in any of lhe abc>ve described proceedings in <br />any manner it shall at its sole discr�tion deterznine. Lender is hereby given full power, right and authority to <br />receive and receipt for any and all damages awarded as a result c>f the full or �artial taking or appropriation and in <br />iCs sole discretiozi, to apply said awards to the Indebtedness, whether,or not then due or otherwise in accordance <br />witli app'licable law. Unless l,ender otherwise agrees in wriCing, any application of proceeds to the Indebtedne5ti <br />shall not extend or postpone t�ie due date of the payznents due under the Ind.ebtedness or change the amuimt c�f <br />such paytnents. <br />GRANTOR'S ASSURANGES. At any time, upon a request af Lender, Crantor will execute and deliver to <br />Lender; and if appropriaCe, cause to be recorded, such furtlier mortgages, a�signments, assignments of leases and <br />rents, security agreements, pledges, financing statezanents, or such other document as I;ender may require, in <br />Lender's sole discretion, to effectuate, complete and ta perfect as well as to continue to preserve tl�e lndebtedness,, <br />or the lien or security interest created by this Security Instrument. <br />ATTOI�N�Y-IN-FACT. Grantor appoints Lender as attorney-in-fact on behalf of Grantnr. If (;r�ntor fails to <br />fulfill any of Grantor's obligatiotis under this Security instrument or any Related,I7ocuznents, includiiig those <br />obligations mentioned in the preceding paragraph, 1.ender as attorney-in-fact may, fulfill the obligat�ons without <br />notice to Grantor. This power af attorney shall not be ai�'ected by tl�e disability of the Grantor. <br />I;VENTS OF DEFAULT, T'l�e following evente shall constitute default under this Security.Instrun�eirt (e�c}� 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 lnstz or a default under any c�f <br />the Related Documencs; <br />(c) The making of aziy oral or written slatement or assertion to Lender that is false or misleadin� in any <br />material respect by Grantor or any person obligated on the lndebtedness; <br />(d) 'I'he 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 bene�t of Grantor's creditora; <br />(� A material adverse change occurs in the 6nancial conditioz�, ownership or management of Cra►itor or <br />any person obligated on the Indebtedness; or <br />(g) Lender deems itself insecure for any reason wliatsoever. <br />REMEDIES ON DEFAULT. Upon thc c7ccurrence of an Event of Default, Lender may, without demat�d or <br />natice; pay any or all taxes, assesstnents, premiums, and liens required to be paid by C�rantor, effecc any insurance <br />provided for herein, make such repairs, cause the abstracts of title or title insurance policy and ta� histories of the <br />Property to be certifed to date, or procure new aUstracts of title or title insuranc� and tax histories izi ca'se none <br />were furnished to it, and procure title reports covering the Properky, including surveys. The amounts paid I'or any <br />sucH purposes will be added to the Indebtedness and will bear interest at the rate pf interest otherwise accniing on <br />the Indebtedness until paid. In the event of foreclosure, the abstracts of title or title ix�surance sliall bacome.the <br />prop�rty of Lender. All abstracts of title, title insurance, tax histories, surveys, and other documents pertainin� to <br />the Indebtedness will remain in Lender's possession until the Indebtedness is �aid in full. <br />IN TFIE EVENT OF TIIE SALE OF THIS PROPERTY UNllF,R THE PROC;EDURE FOR FQRECL(7SiJJtH OF <br />A S�CURI'1'Y 1NSTRUMENT BY ADVERTISEMENT, A5 PROVIDED BY APPLICt1BLE LAW, OR IN TIIE <br />EVENT LENDER EXL-RCiSES ITS RiGHTS UNDER THF ASSIGNMENT OF LEASF,S AND RENTS, 'i�HF, <br />LENDER SHALL PROVIDE ALL STATUTORILY REQUIRED NOTICES OF SALE AND NOTICES OF <br />7UDiClAL HEAf2INCS BEF(�E�� I,F.",NUER EX�RCIS�S ANX UF ['I`S RIC,H`I'S UNI3Hft "I'NIS <br />INSTRUMENT. <br />Upon the occurrence of az� �vent. of Default, Lez�der may, witl�out notice ux�legs required by law, and at its option, <br />declare the ent'►re Indebtedness due and payable, as it may elect, regardless of the daCe or dates of rx�aCurity thereof <br />and, if perniitted by state law, is authorized and einpowered to cause the I?roperty tc� be sc�ld at �itk�lic auction, and <br />to execute and deliver to the p�archaser or purchasers at sucli sale any deeds of conveyance good and . sufrcient at <br />law, pursuant to the statute in such case made and pcovided. "I'l�e Trustee. shall apply the proceeds oP the Trustee's <br />sale, first, to tl�e costs and expenses of exercising the power oF sale and of the sale, itacludang the payment of the <br />Trustee's fees actually inc;urred; second, to payment of the obligatior� secured by the trust deed; third, to the <br />payment of junior trust deeds, mort�ages, or otlier lienliolders ar�d tl�e balance, if any, to the pErson vr persons <br />legally entitled thereto. The recitAls in the '1'rustee's deed shall be �rima facie evidence of the truth of the <br />statements tnade i�� it. lf Lender cliooses to invnke the power of sale, Leiider or Trustee will provide notice of sale <br />pursuant to applicable law. Any such sale or a sale made pursuant to a judgn�ent or a decree for the fvreclosure <br />hereof may, at the o�tion of Leiider, be made en masse. �'he cotn�nencement of proceedangs to foreclose this <br />Security Instrument in any manner authorized by law shall be deemed as exercise of the abov� option. <br />Upon the occurrence of ait Event of Default, Lender shall immediately be entitled to make applicatiozi for and <br />obtain the appointznent of a receiver for the Property and of the earnings, income, issue and prc�t►ts of iL, wilh the <br />powers as the courC making the appoi�itments confers. Grantor hereby irrevocably consents to such appointr»ent <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 ri�ht, remedy, power or privilege n<�r shall any single or partial exercise thereof preclude the exercise af <br />C�..� 2004-2010 Complinnce Systems. Inc. P947-8AC0 -?010.05365 � � � � � � � � � � � <br />Comma�cittl Renl Gstate Securiry Ins[rumcnt - IlIA007 . Pagc 7 of 5 � � . ,.ww?v.con�plianresystcmacum <br />