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20110045t;
<br />exceptions to coverage in any abstract of title or title insurance policy insuring Lender's interest in the
<br />Property.
<br />Condition 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 af the Property shall not in any way be impaired.
<br />Removal of any Part of the Property. Grantar promises not to rem.ove any part of the Properiy from its
<br />present location, except for replacement, maintenance and relocation in the ordinary course of business.
<br />Alterations to the Praperty. Grantor promises to abstain from the commission of any waste on the
<br />Property. Further, Grantor shall make no material alterations, additions or irnprovements of any type
<br />whatever to the Property, regardless of whether such alterations, additions or improvements would increase
<br />the value of the Property, nor perrnit 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 coznply with all laws and regulations of all
<br />public authorities having jurisdiction over the premises relating ta the use, occupancy and 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 abtaining 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 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 loss payee or if requested by
<br />Lender, as mortgagee. The insurance cornpany 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 ta 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 payrnent of
<br />loss to Lender with the proceeds to be applied, only at Lender's option, to the repair and replacement of the
<br />damage or loss or to be applied to the Indebtedness with. the sttrplus, if any, to be paid by Lender 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 Hazardous or Toxie 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. Further, neither Grantor nor any tenant shall manufactw'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 />Properiy, except to the extent the existence af 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 pariy as to
<br />the possible violation of applicable state and federal environmental laws including the location of any
<br />ha�ardous or toxic materials on or about the Property. Grantor indemnifies and holds L.ender 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 matarials.
<br />Financial Information. Grantor agrees to supply Lender such fmancial 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 verify accaunts as well as to inspect, copy and to examine the books,
<br />records and files 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 ar maintenance
<br />which Grantor has failed to provide, Lender, after reasonable notice, may enter upon the Praperty 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 />ASSIGNMENT OF LEASES AND RENTS. As additional security for the payment of the Indebtedness and the
<br />performance of the covenants cantained herein, Grantor hereby assigns and trans£ers over to Lender all rents,
<br />income and profits ("Rents") under any present or future leases, subleases or licenses of the Property, including
<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 accruing from the Property, but not more than one
<br />month in advance of the due date. Lender may also require Grantor, tenant and any other user of the Prope�ty to
<br />make payments of Rents directly to L,ender. However, by receiving any such payments, Lender is not, and shall not
<br />be considered, an agent for any party ar 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 />premituns and to the Tndebtedness. At Lender's sole discretion, all leases, subleases and licenses rnust first be
<br />approved by Lender.
<br />�i 20042010 Compliance Syatems, Inc. F9A7-SAEE - 201 D.05.J65
<br />Cammercial Rcel Estatc Seeurity Inslrument - DLA007 Page 2 of 5 www.comp�iencesyatems.com
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