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2oioo945i <br />of record acceplable to Lender. Further, Grantor cnvenants that C'7rantor will warrant and defend generally <br />the title to the Property against any and all claims and demands whatsoever, yubject to th� easements, <br />restrictions, or otlaer encumUrances of record acceptable to Lender, as may tie ]i5ted in the schedule af <br />exception5 to coverage in any abstract of title or title insurance policy insuring Lender's interest in the <br />Property. <br />Conc�ition of Property. Grantor promises at all times to preserve and to maintain the Property and every <br />part thereof in good repair, working order, and condition and will from time to time, make all needful and <br />proper repairs so that the value of the Prnperty shall not in any way be impaired. <br />Rennnval of any Part of the Property. Grantor promises not to remove any part of the Property from its <br />present location, except for replacement, maintenance and relocation in the ordinary course of business. <br />Alterations to tlte Prnperty. Grantor promises tc� abstaii� from the eommission of any waste on the <br />Property. Further, GranCar �hall make no material alterations, additions or improvements of any� type <br />whatever to the Yroperty, regardless of whether such alterations, additions or improvements would inerease <br />the value of the ProperCy, nor permit anyc�ne to do so except for tenant improvements and completian of <br />items pursuant to approved plans and specificaCions, without Lender's prior written cansent, which consent <br />may be withheld by l,ender in its sols discrction. Grantor will comply with all laws and regulations of all <br />public authoricies havin� _jurisdiction over the premises relatin� to the use, occupancy and anaintenance <br />thereof and shall upon reyuest pro►nptly submit to Lender evidence of such compliance. <br />Due on Sale - Lender's Consent. Grantor ahall not sell, further encumber ar otherwise dispose of, except as <br />herein pravided, any or all of its interest in any part ��f or all of the Property without �rst obtaining the <br />written consent of Lcnder. If any encumbrance, lien, transfc;r or sale or agreement for these is created, <br />Lender may declare imme�liately due and payable, tlie entire balance of the Indebtedness. <br />Insurance. Grax�tor pron�ises to keep the Property insured against such risks and in such form as rnay within <br />the tiole discrction of Leiider be acceptable, causing C,ender to be named as loss payee or if requested by <br />Lender, as mortgagee. 'I'he insurance co��pany ahall be chosen by Grantor suUject to Lender's approval, <br />which shall not be unreasonably witl�held. All insua�ance policies must provide thaC Lender will get a <br />ininimuizi of 10 days notice prior to cancellation. At Lender's discretion, Grantor may be required to produce <br />receipts of paid prc:miums and, renewal policies. If Grantor fails to obtain the r�quired coverage, I.ender may <br />do so at Grantor'ti expense. Grantor l�ereby directs each and every insurer nt the Property to make payment of <br />loss to C.ender with the proceeds to be applied, only at l�ender's option, to the repair and ceplacement of the <br />dama�e or losa or to be applied to the lndehteduess with the surplus, if any, to be paid by Lender to Grantor. <br />Payment of '1'axes and Other Applicable Charges. Grantor promises to pay and to discharbe liens, <br />encumbrances, taxe5, assessmcnts, lease payments and any ofher charges relating to the Property when levied <br />or as�estied againat Grantor or the 1'roperty. <br />Environmental l�aws and Hazardous or Toxic Materials. Grantor and avery tenant have been, are <br />presently and shall continue to be in strict coiiipliance with any applicable local, state and federal <br />environmental laws and regulationti, Further, neither Grantnr nor any tenant shall manufacture, store, handle, <br />diacharge or dispose of hazardous or toxic materials as may be defined by auy state or federal law on the <br />Pro��erty, except to the extent the existence of such materials has been presently disclosed in writing to <br />Lender. Grantc�r will immediaiely notify Lender in wriCing of any assertion or claim made by any party as to <br />the possible violation of applicable state and federal environmental laws includin�; the location af any <br />hazardous or toxic matcrials on or about tlie Property. Grantor indenu�ifies 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 applicahle local, state and federal environmental laws and re�ulations or Grantor's involvement wiCh <br />hazardous or toxic materials. <br />l�inancial Information. Cirantor agrees to supply I,ender such financial and other information concerning its <br />atfairs and the titatus of any of its assets as Lender, froin time to time, may reasonably requ�st. Grantor <br />further agrees to permiC Lender to verify accounts as well as to inspect, copy and to examine the books, <br />records and file5 0l� Grantor. <br />Lender's ltight to Enter. I.ender or L,ender'S a�ents shall have the right and access tc� inspect the Property aC <br />all reasonable times in order to attend to Lender's interests and ensure compliance with the terms of this <br />Secu� Instrumeiit. If the Property, or any pari thereof, shall reyuire inspection, repair or maintenance <br />which Grantor ha� failed to providc, Lender, after reasonable notice, may enter upon the Property to effect <br />5uch obligation; and fhe cost thereof shall be added to the Indebtedness and paid on Lender's demand by <br />Grantor. <br />ASSiGNMENT OF L�;AS1�S AND RENTS. A� additional security for the payment of the Indebtedness and the <br />perforrriance of the covenants contained herein, Urantor hereby assigns and transf�rs over to Lender all rents, <br />income and profits ("Rents") under any pre5enl or future leases, subleases or licenses af the Property, including <br />any guaranties extensions, amendments or renewals thereof, from the use of the Property. So long as Grantar is <br />not in default, C�rantor may receive, coll�ct and enjoy all RentS aceruing from the Property, but not more than one <br />month in advance nf the due date. Lender may also require Grantor, tenant and any other user of the Property to <br />make payrnents of Rents directly to Lender. Howev�r, by receiving any such payments, Lender is not, and shall nnt <br />be considered, an agent for any party or enCity. Any an�ounts collected may, at Lender's sole discretion, be applied <br />to protect T,ender'S interest in the Property, including but not limited ta the payment of taxes and insurance <br />¢� 20114-2f11O Cnmplia�ice Systems, Inc. F9A7-CI FC - 201p,p5,365 <br />C;nnunercial Rcal �statc Sceurity Insirurnent - 11IA0(17 Pnge 2 uf 5 www.complip�i�esystems.com <br />