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201100897 <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 title insurance policy insuring L,ender'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 of the Property shall not in any way be impaired.: <br />Removal of any Part of the Property. Grantor promises not to remove 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 Property. Grantor promises to abstain from the commission of any waste on the <br />Property. Further, Grantor shall make no material alterations, additions or improvements 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 permit 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 comply with all laws and regulations of all <br />public autborities having jurisdiction over the premises relating to the use, occupancy and maintenance <br />thereof and shall upou 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 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 Ue 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 Grantor's expense. Grantor hereby directs each and every insurer of the Property to make payment 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 ar to be applied to the Indebtedness with the surplus, 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 Properry when levied <br />or assessed against Grantor or the Property. <br />Environmental Laws and Hazardous or Tolcic 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 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, except to 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 of applicable state and federal environmental laws including the location of any <br />hazardous or toxic materials on or about the Property. Grantar indemnifies 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 />Financial 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 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. Lender ar 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, Lender, after reasonable notice, may enter upon the Property 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 L�ASES AND RENTS. As additional security far the payment of the Indebtedness and the <br />performance of the covenants contained herein, Grantor hereby assigns and transfers 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 Property to <br />make payments of Rents directly to Lender. 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 />premiums and to the Indebtedness. At Lender's sole discretion, all leases, subleases and licenses must first be <br />approved by Lender. <br />tU- 2004-2010 Compliance Systems, inc. F947-104D - 2010.05365 <br />Commercial Real Es[ate Security instrument - DL4007 Page 2 of 5 www.compliancesys[ems.com <br />