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201009381
<br />restrictions, or other encumbrances of record acceptable to Lender, as may 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 />Froperty.
<br />Condition of Property. Grantor promises at all times to preserve and to maintain the Proparty and every
<br />part thereof in good repair, workin�; order, and condition and wi11 from time to time, make all needful and
<br />praper repairs so tliat the value of the Property shali not in any way be impaired.
<br />Removal of any Part o#' the Property. Grantor promises not to remove any part of the Property from its
<br />presant location, axcept for replacement, maintenance and relocation in the ordinary course of business.
<br />Alterations to tl�e Property. Grantor protnises to abstain from the commission of any waste on the
<br />Property. �urkl�er, Grantc�r shall make no ►naterial alteraCions, additions or impravements of any type
<br />whatever to the Property, re�;ardless of whether such alteratians, additions or improvements would increase
<br />[he value of the Property, nor permit anyone to do so except for tenant improvements and completion of
<br />items pursuant to approved 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 authoritiea having jurisdiction over the premises relating to the use, occupancy and maintenance
<br />thereof and 5ha11 upon request promptly suhmit to T�ender evidence of such comp1iance.
<br />Due on Sale - Le�ider's Consent. Grantor sliall not sell, further encumber or od�erwise dispose of, 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 coiisent af Lender. If any encumbrance, lien, transfer or sale or agreement for these is created,
<br />I..ender may declare immediately due and payable, the entire balance of the Indebtedness.
<br />Insurance. Grantor promises to keep the Property insured against such risks and in such form as may within
<br />the sole discretion of Lender be acceptable, causing Lender to be named as lqss payee or if requested by
<br />Lender, as mortgagee. 'I"he insurance campany sliall be chosen by Grantor subject to Lender's approval,
<br />which shall not be unreasonably withheld. All' insurance policies must provide that Lender will get a
<br />minimum of 10 days notice prior to cancellation. At Lender's discretion, Grantor may be required to produce
<br />receipts of paid �remimns and renewal policies. If Grantor fails to abtain the required coverage, Lender may
<br />do so at Grantor's expense. Grantor hereby directs each and every insurer of the Property to make paymerit of
<br />loss to Lender with tl�e pr�ceeds to be applied, only at I.�ender's option, to the repair and replacement of the
<br />damage or loss or to be applied to the Indebtedness with the surplus, if any, to be paid by I,ender to Grantor.
<br />Payment of Taxes and Other Applicable Charges. GranCor pramises to pay and ta discharge liens,
<br />encumbrances, tax�s, assessments, lease payments and any other charges relating to tlie Property when levied
<br />or assessed against Grantor or the Property.
<br />Environtt��nt�l La�ar�.�..Ha�ar.de� �r wTaxic Materials. Grantor and every tenant have been, are
<br />pressntly an� "'shall continue to be in strict compliance with any applicable local, state and fed�sl.
<br />envirc�nmental laws and regulations. �'urther, neither Grantor nor any tenant shall manufacture, store, handle,
<br />discharge or dispose of hazardous or toxic materials as may be defined by any state or federal law ori the
<br />Nroperty, except to tl�e extent the existence of such materials has been presently disclased in writing to
<br />Lender. Grantor will irnmediately notify I.ender in writing of any assertion or c1aim made by any party as to
<br />the possible violation of applicable stace and federal environmental laws including the location of any
<br />hazardous or toxic rnaterials on or about the Property. Grantor indemnities and holds Lender harmless from
<br />any liability or expense of whatsoever nature incurred directly or indirectly as a result of Grantor's violation
<br />of applicable local, state and federal environniental laws and regulations or Grantor's involvement with
<br />hazardous or toxic materials.
<br />Financial Information. Grantor agrees to supply Lender such financial and other information concerning its
<br />affairs and the status of any of its assets as Lender, from time to time, may reasonably request. Grantor
<br />further agrees to permit Lender to verify accaunts as well as to inspect, copy and to examine the books,
<br />recorda and tiles of Grantor,
<br />Lender's Ri�ht to Enter. Lender or Lender's agents shall have the right and access to inspect the Froperty at
<br />all reasonable times in order to attend to Lender's interests and ensure compliance with the terms of this
<br />Security lnstrument. If the Yroperty, or any part th�reof, shall require inspection, repair or maintenance
<br />which Grantor has failed to provide, Lender, after reasonable notice, may enter upon the Property to effect
<br />such obligation; and the cost thereof shall be added to the Indebtedness and paid on Lender's demand by
<br />Grantor.
<br />ASSIGNMFNT OF LEASES AND RENTS. As additional security for the payment of the Indebtedness and the
<br />performance of the covenaiits contained herein, Grantor hereby assigns and transfers over to I.ender all renfs,
<br />income and profit5 ("Rents") under any present or future leases, subleases or licenses of the Property, includirig
<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 accruin� from the Property, but not more fhan one
<br />month in advance of Che due date. Isender may also require Grantor, tenant and any other user of the Properry to
<br />rnake payments of Rents directly to Lender. However, by receiving any such payments, Lender is not, and shall not
<br />be considered, an agent for any party or entity. Any amounts collected may, at Lender's sole discretion, be applied
<br />to protect Lender's interest in the Property, including but not limited to the payment of taxes and insuranCe
<br />premiums and t� the Indebtedness. At Lender's sole discretion, all leases, subleases and licenses rnust first be
<br />approved by Lender.
<br />(� 2UU4-2f11f1(:nmpliy�ce 5ystems, Inc. F947-E6AC - 2010.05365
<br />Commcrcial Rcal Estatc Sccurity Tn5lrumcnt - DIAOO7 Pxge 2 of 5 www.compliuncCSyStetnsAOm
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