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2011Q004�
<br />Performance of Obligations. Grantor promises to perform all terms, conditions, and covenants of this
<br />Securiry lnstrument and Related Documents in accordance with the terms contained therein.
<br />Defense and Title to Property. At the time of execution and delivery of this instrument, Grantar is lawfully
<br />seised of the estate hereby conveyed and has the exclusive right ta mortgage, grant, convey and assign the
<br />Property. Grantor covenants that the Froperty is unencumbered and free of all liens, except for encumbrances
<br />of record acceptable to Lender. Further, Grantor covenants that Grantor will warrant and defend generally
<br />the title to the Property a�ainst any and all claims and demands whatsoever, subject to the easements,
<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 tiCle insurance policy insuring Lender's interest in the
<br />Property.
<br />Condition of Praperty. Grantor promises at all times to preserve and to maintain the Property and every
<br />part thereaf 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 Property shall not in any way be impaired.
<br />Removal of any Part of thc �roperty. Grantor promises not to remove any part of the Properly from its
<br />present location, except for replacement, maintenance and relocation in the ordinary course of business.
<br />Alterations to the Property. Grantor promises to abstain from the commission of any waste on fhe
<br />Property. Further, Grantor shall make no material alterations, additions or improvemenCs of any type
<br />whatever to the Property, regardless of whether such alterations, additions or improvements would increase
<br />the value of the Property, nox permit anyone to do so except for tenant improvements and completion of
<br />items pursuant to appraved plans and specificati�ns, without Lender's prior written cansent, which consent
<br />may be withkteld by Lender in its sole discretion. Grantor will comply with all laws and regulations nf all
<br />public authorities having jurisdiction over the premises relating to the use, accupancy arad maintenance
<br />thereoF and shall upon request promptly submit to Lender evidence of such compliance.
<br />Due on Sale - Lender's Consent. Grantor shall not sell, further encumber or otherwise 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 consent of Lender. If any encumbrance, lien, transfer or sale or agreement for these is created,
<br />Lender may declare immediately due and payable, the entire balance of che 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 loss payee or if requested by
<br />Lender, as mortgagee. The insurance company shall 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 premiums and renewal policies, IF Grantor fails to obtain the required coverage, Lender may
<br />do so at Grantar's expense. Grantor hereby directs each and every insurer of the Property to make payment of
<br />lass to Lender with the proceeds to be applied, only at Lender's aption, to the repair and replacement of the
<br />damage or lass or to be applied to the Indebtedness with the surplus, if any, co be paid by �,ender to Grantor.
<br />Payment of "1'axes 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 />environmental laws and regulations. �'urther, neither Grantor nor any tenant shall manufactua'e, store, handle,
<br />discharge or dispose of hazardous or toxic materials as may be defined by any state or federal law on the
<br />Praperty, except co the extent the existence of such materials has been presently disclosed in writing to
<br />Lender. Grantor will immediately notify Lender in writing of any assertion or claim made by any party as to
<br />the possible violation af applicable state and federal environmental laws including the location oF any
<br />hazardous or toxic materials on or about the Property. Grantor indemni�es 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 environmental laws and regulations or Grantor's involvement with
<br />hazardous or toxic materials.
<br />�'inancial 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 ta verify accounts as well as to inspect, capy and to examine the books,
<br />records and �les of Grantor.
<br />Lender's Right to Enter. Lender or Lender's agents shall have the right and access to inspect the Property at
<br />all reasonable times in order to attend to Lender's interests and ensure compliance with the terms of this
<br />Security Instrument. If the Property, or any part thereof, shall require inspection, repair or maintenance
<br />which Grantor has failed to provide, Le►ader, after reasonable nocice, may enter upon the Pz'operty 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 />ASSIGNM�NT OF LEASES AND RENTS. As additional security for the paymenc of the Indebtedness and the
<br />performance of the covenants contained herein, Grantor hereby assigns and transfers over ta Lender all renCs,
<br />2'i �nna.2ni n Cmm�linnce Svstems. lnc. F947-6EBF - 20I o.05365
<br />�.ommercial Re&I Estate Security lnstrumvnt •_DL4007 Pn e 2 of 5 www.compliancesystem5.eom
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