�o�oosss9
<br />Performance of Obligatinns. Grantor prornises to perform a11 terms, conditions, and covenants of this
<br />Security Instrument and Related Documents in accordance with the terms contained therein.
<br />Defense and Tit1e to Prnperty. At tlie time of execution and delivery c�f this instrument, Grantor is lawfully
<br />seised of the estate hereby conveyed and has Che exclusive right to rnortgage, grant, convey and assign the
<br />1'roperty. Grantor cavenants tihat the Property is unencumbered and free of all liens, except tior encumbrances
<br />of record acc�ptable to Lender. Further, Grantor covenants that Grantor will warrant and defend genarally
<br />the title to the Property against any and all claims and demands whatsoever, subject ta the easernents,
<br />restrictions, or other encumbrances of record acceptable to I.ender, as may be listed in the schedule of
<br />exceptions to ooverage in any abstract of title or tit1e insurance policy insuring Lender's interest in the
<br />Property.
<br />Condition of Property. (arantor promises at all times to preserve arld 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 Prop�rty shall not in any way be impaired.
<br />Removal of any Part of the Prnperty. Grantor promises not to remove any part of fha Property from its
<br />present lacation, except for replacement, maintenance and relocation in the ordinary course of business.
<br />Alteratinns to the Property. Grantor promises to abstain from the cornmission of any waste on the
<br />Yroperty. �^'urther, Grantor shall make no material alterations, additions or improvements of any type
<br />whatever to che Property, regardless of whether such alteraCions, additions or improvements would increase
<br />the value of the Property, nor permit anyone to do so except for tenant iinprovements and completion of
<br />iterns pursuant to approved plans and 5peci�cations, without Lender's prior written consent, vvhich consent
<br />may b� withheld by Lend�r in its sole discration. Grantor will cornply with all laws and regulations of all
<br />public auchorities liaving ,jurisdictic�n over the premises relating to tlie use, occupancy and maintenance
<br />thereof and sliall upon request promptly submit to l.,ender evidence of such cornpliance.
<br />1)ue on Sale - Lender's Consent. Grantor shall not se11, further encumber or otherwise dispase of, except as
<br />herein pr�vided, any or all of its interest in any part of or all of the Property without first obtaining the
<br />written consent of Lender. if any encumbrance, lien, transfer ar sale or agreement for these is created,
<br />Lender may declare itrunediately due and payable, the entire balance of the Indebtedness.
<br />Insurance. Grantor promises ta keep the Property insured again5t such risks and in such form as may within
<br />the sole discretion of I�ender be acceptable; causing I,ender to be named as loss payee or if requested by
<br />Lender, as mortgagee. The insurance company sha11 be chosen by Grantor st�bject 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 rnay be required to produce
<br />receipts of paid premiums and renewal policies. If Grantor fails to obtain the required covera�e, Lender may
<br />do so at Grantor's expense. Grantor hereby directs each and every insurer of the Property to make payment of
<br />loss to Zender with tlie proceeds to be applied, only at l..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. Grantor promises to pay and to discharge liens,
<br />encumbrances, taxes, assessments, lease payments and any other charges relating to the Property when levied
<br />or assessed against Grantor or the Property.
<br />Environmental Laws and Hazardaus or Toxic Materials. Grantor and every tenant have been, are
<br />presently and shall continue to be in strict compliance with any applicable local, state and federal
<br />envirocunental laws and regulations. Further, neithcr Grantor nor any tenant shall manufacture, store, handle,
<br />discharge or dispose of hazardous or toxic materials as may be de�ned by any state or federal law on the
<br />Property, except to the extent the existence of such materials has been presently disclosed in writing to
<br />Lender. Grantor will iTn�nediately notify l.ender in writing of any assertion or claim made by any parly as to
<br />the possible vic�lacion of applicable state and federal environrnental laws including the location of any
<br />hazardous or toxic materials on or about the Praperty. Grantor indetmiifies and holds Lender harmless from
<br />any liability ar expense of whatsoever nature incurred directly or indirectly as a result of Grantor's violation
<br />of applicablc: local, state and federal environmental laws and regulations or Grantor's involvemenC wiCh
<br />hazardous or toxic materials.
<br />Financial Information. Grantor agrees to supply I.,ender such tinancial 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 I.�ender to verily accounts as well as to inspect, copy and to examine the books,
<br />records at�d file5 0£ Grantor.
<br />Lender's Right to Enter. Lender or I.endcr's agents shall have the right and access to inspect the Property at
<br />all reasonable times in �rder to attend to Lender's interests and ensure compliance with the tenns of this
<br />Security lnstrument. If the Property, or any part Chereof, shall require inspectipn, repair or maintenance
<br />which Grantor has failed to provide, Lender, after reasonable notice, may enter upon the Property to effect
<br />such obligaiion; and the cost thereof shall be added to the Indebtedness and paid on Lender's demand by
<br />Grantor.
<br />ASSIGNMENT OF LEASFS ANU RENTS. As additional security for the pa,yment of the Indebtedness and the
<br />performance of the covenants contained herein, Grantor hereby assigns and transfers over to l,ender a11 rents,
<br />income and profits (" Rents") under any present or future leases, subleases or licenses of Che Property, including
<br />any guaranties, excensions, amendments or renewals thereo£, fro►n the use of t}�e Property. So long as Grantor is
<br />G:? 2004-2010 Compliancc 5ystnns, Inc, F947-2D36 - 2010.05.3fi5
<br />Cammcrcinl Reul Estntc Sccurity Inslru�nznl - DIAO07 Pugc 2 uf 5 wunv.campliunec�ystem3.cum
<br />
|