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<br />201009783
<br />WARRANTIES. Grantor, for itself, its heirs, personal representatives, succcssors, and assigns, represents,
<br />watrants, covenants and agrees with Lendcr, its successors and assigns, as follows:
<br />Performance af Obligations. Grantor promises lo perform all terms, conditions, and covenants of this
<br />Security Instrument and Related Documents in accordance with the lerrras contained therein.
<br />Defense and Title to Property. At lhe lime aC execution and delivery of this instrument, Grantor is lawfully
<br />seised of the estate hereby conveyed and has the exclusive right to morigage, grant, convey and assign the
<br />Property. Grantor covenants that the Property is unencumbered and free of all liens, except for encumbrances
<br />of rccord acceptable to I.ender. Further, Grantor covenants that Grantor will warranc and defend generally
<br />the title ta the Property against any and all claims and dernands whatsoever, subject to the easemcnts,
<br />restrictrons, or other encumbrances af record acceptable to L,ender, as may be listed in the schedule of
<br />exceptions to covera�e in any abstract of' title or title insurance policy insurin� Lender's interest in the
<br />Property.
<br />Condition oF Property. Grantor promises at all times to preserve and to rnaintain the Property and every
<br />part thereof in good repair, working order, and conditron and will ftom time to time, rnakc all needful and
<br />proper tepairs so that the value of the Property shall nnt in any way be impaired.
<br />Removal of any �'art af the Property. Grantor promises not to removc any part of the Property frorn its
<br />present location, except for replacement, maintenance and relocation in the otdinary course of business.
<br />Alterations to the Prope�rty. Grantor promises to abstain from the commission of any wastc on the
<br />Property. Furthcr, Grantor shall make no material alterations, additions or improvements of any type
<br />whatever to the Property, regardless of whcthcr such alteratians, additions or improvernenCs would increase
<br />thc value of the Property, nor permit anyone to do so except Cor tenant improvements and completion of
<br />items pursuant to approvcd 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 authorities havrng jurisdic[ion over the premises relating to the use, occupancy and maintenance
<br />thereof and shall upon request prnrnptly subrnit to Lender evidence of such cornpliance.
<br />Due on Sale - Lender's Consent. Grantor shall nnt sell, further encumber or otherwise dispose of, except as
<br />herein provided, any or all of its inierest in any part of or all of thc Property without first obtaining Ihe
<br />written consent of I.ender. If any encurnhrance, lien, transfer or sale or agrcement Cor these is created,
<br />Lender may declare immediately due and payable, the cntire balance of the Tndebtedness.
<br />Insurance. Grantor promises tn keep thc Property insured against such risks and in such fotm as may wrthin
<br />the sole discretion of L.ender be acceptable, causing L.ender to be narned as loss payee or if requested by
<br />L.ender, as mortgagee. The insurance company shall be chosen by Grantor suhject to L..ender's approval,
<br />which shall not be unreasonably withheld. All insurance policies rnust ptovide that L.�ndcr will get a
<br />rninimurn of 10 days notice prior to canccllation. At L.ender's discretion, Grantor rnay be required to produce
<br />receipts of paid premiums anct renewal policies. If Grantor fails to obtain the required coverage, Lender may
<br />do so at Grantor's expensc. Grantor hereby ditects each and every insurer of the Property to makc payrnent of
<br />loss to Lender with the proceeds to be applied, only at i.ender's option, to the repair and replacement of the
<br />damage or loss nr to be applied to the Indebtedness with the surplus, if any, to be paid by Lender to Grantor.
<br />1'ayment of Taxes and Other Applicable Charges. Grantor promiscs to pay and to discharge liens,
<br />encumbrances, taxcs, assessments, lease payments and any other charges relating to thc Property when levied
<br />or assessed against Grantor or thc Property.
<br />Environmental Y,aws and Hazardous �r 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 />envirnnrnenlal laws and regulations. Furthcr, 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 on the
<br />Property, excepl to the extent the existcncc oi' such materials has becn presently disclosed in writing to
<br />I,ender. Grantor will immedialely nofify L.ender in writing of any assertion or claim made by any party as to
<br />the possible violation of applicable state and federal environrnenCal laws including the locafion of any
<br />hazardous or toxic materzals on or about the Property. Grantor indemnifies and holds l.ender harmless from
<br />any liability or expense of whatsoever nature incurred directly or indirecily as a result of Grantor's vialation
<br />of applicahle local, state and federal environmental laws and regulations or Gtantor's involvcrneni with
<br />hazardous or toxic materials.
<br />Financial Inf'ormation. Grantor agrees to supply Lender such financial and other information concerning its
<br />affairs and the status of any of ics a5sets as Ixnder, frorn time t� time, may reasonably request. Grantor
<br />further agrees to permit Lender to verify accounts as well as to inspect, copy and to examine the books,
<br />records and files of Grantor.
<br />Lender's Right to Enter. L,ender or Lender's agents shall have the right and access to inspect the Property at
<br />all reasonable times in order to attend to Lcnder's interests and cnsure compliance with the terms of this
<br />Security Instrurnent. If the Property, or any part thereof, shall require inspection, repair or rnaintenance
<br />which Grantor has failed to pr�vide, T ender, after reasonahle notice, may enter upon the Property to effect
<br />such obligation; and the cost lhereof shall be added io lhe indebtedness and paid on L,ender's dernand by
<br />Grantor.
<br />G� 2004-201p Cnmpliance Systcros, Int. FT)47-53C4 - 2p10.U5.��5
<br />Comnicreial Real P:titate $ecurity lusl rumenl - DIA007 _ Pagc 2 nf 5 w ww.cum liunces stemh.cnm
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