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201101058
<br />CONDEMNATION. Grantor shall give Lender notice of any action taken or threatened to be taken by private or
<br />public entities to appropriate the Property or any part thereof, through condemnation, eminent domain or any other
<br />action. Further, Lender shall be perniitted to participate or intervene in any of the above described proceedings in
<br />any manner it shall at its sole discretion determine. Lender is hereby given full _power, right and autllority to
<br />receive and receipt for any and all damages awarded as a result of the full or partial taking or appropriation and in
<br />its sole discretion, to apply said awards to the Indebtedness, whether or not tfien due or otherwise in accordance
<br />with applicable law. Unless Lender otherwise agrees in writing, any application of proceeds to the Indebtedness
<br />shall not extend or postpone the due date of the payments due under the Indebtedness or change the amount of
<br />such payments.
<br />GRANTOR'S ASSURANCES. At any time, upon a request_ of Lender, Graiitor will execute and deliver to
<br />Lender, and if appropriate, cause to be recorded, such further mortgages, assignments, assignments of leases and
<br />rents, security agreements, pledges, financing statements, or such other document as Lender may require, , in
<br />Lender's sole discretion, to effectuate, complete and to perfect as well as to continue to preserve the Indebtedriess,
<br />or the lien or security interest created by this Security Instrument.
<br />ATTORNEY-IN-FACT. Grantor appoints Lender as attorney-in-fact on behalf of Grantor. If Grantor fails to
<br />fulfill any of Grantor's obligations under this Securiry Instrument or any Related Documei�ts, including those
<br />obligations mentioned in the preceding paragraph, Lender as attorney-in-fact inay fulfill the obligations without
<br />notice to Grantor. This power of attorney shall not be affected by the disability of the Grantor:
<br />EVENTS OF DEFAULT. The following events shatl constitute default under this Security Instrument (each an
<br />"Event of Default"):
<br />(a) Failure to make required payments when due under Indebtedness;
<br />(b) Failure to perfarm or keep any of the covenants of this Security Instrument or a default under any of
<br />the Related Documents;
<br />(.c) The making of any oral or written statement or assertion to Lender that is £alse or misleading in any
<br />material respect by Grantor or any person obligated on the Indebtedness;
<br />(d) The death, dissolution, insolvency, bankruptcy or receivership proceeding of Grantor or of any person
<br />or entity obligated on the Indebtedness;
<br />(e) Any assignment by Grantar for the beneflt of Grantor's creditors;
<br />( fl A material adverse change occurs in the financial condition, ownership or management of Grantor or
<br />any person obligated on the Indebtedness; or
<br />(g) Lender deems itself insecure for any reason whatsoever:
<br />REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default, Lender inay, witl�out demand or
<br />notice, pay any or all taxes, assessments, premiums, and liens required to be paid by Grantor, effect any insurance
<br />provided for herein, make such repairs, cause the abstracts of titTe or title insurance policy and tax histories of the
<br />Property to 6e certified to date, or procure new abstracts of title or title insurance and tax histories in case none
<br />were furnished to it, and procure title reports covering the Property, including surveys. The amounts paid for any
<br />such purposes will be added to the Indebtedness and will bear interest at the rate of interest otherwise accruing on
<br />the Indebtedness until paid. In the event of foreclosure, the abstracts of title or title insurance shall become the
<br />property of Lender. All abstracts of title, title insurance, tax histories, surveys, and other documents pertaining to
<br />the Indebtedness will remain in Lender's possession until tke Indebtedness is paid in fu1L
<br />IN THE EVENT OF THE SALE OF THIS PROPERTY UNDER THE PROCEDURE FOR FORECLOSURE OF
<br />A SECURITY INSTRUMENT BY ADVERTISEMENT, AS PROVIDED BY APPLICABLE LAW, OR IN THE
<br />EVENT LENDER EXERCISES ITS RIGHTS UNDER THE ASSIGNMENT OF LEASES AND RENTS; THE
<br />LENDER SHALL PROVIDE ALL STATUTORILY REQUIRED NOTICES'OF SALE AND NOTICES OF
<br />JUDICIAL HEARINGS BEFORE LENDER EXERCISES ANY OF ITS RIGHTS UNDER THIS
<br />INSTRUMENT.
<br />Upon the occurrence of an Event of Default, Lender may, without notice unless required by law, and at its option,
<br />declare tlie entire Indebtedness due and payable, as it may elect; regardless ofthe d'ate or d'ates of maturity therec�f
<br />and; if permitted by state law, is authorized and empowered to cause the Property to be sold at public auction, and
<br />to execute and deliver to the purchaser or purchasers at such sale any deeds of conveyance good and sufficienf at
<br />law, pursuant to the statute in such case made and provided. The Trustee shall apply the proceeds of the Trustee's
<br />sale, first, to the costs and expenses of exercising the power of sale and of the sale, including the payment of the
<br />Trustee's fees actually incurred; second, to payment of the obligation secured by the trust deed, third, to the
<br />payment of junior trust deeds, mortgages, or other lienholders and the balance, if any, to the person or persons
<br />legally entitled thereto. The recitals in the Trustee's deed sha11 be prima facie evidence of the truth of the
<br />statements made in it. If Lender chooses to invoke the power of sale, Lender or Trustee will provide notice of sale
<br />pursuant to applicable law. Any such sale or a sale made pursuant to a judgment or a decree for the foreclosure
<br />hereof may, at the option of Lender, be made en masse. The commencement of proceedings to foreclose this
<br />Security Instrument in any manner authorized by law shall be deemed as exercise of the aboye option.
<br />Upon the occurrence of an Event of Default, Lender shall immediately be entitled to make application for and
<br />obtain the appointment of a receiver for the Property and of the earnings, income, issue and profits of it, with the
<br />powers as the court making the appointments confers. Grantor hereby irrevocably consents to such appointment
<br />and waives notice of any application therefor.
<br />NO WAIVER. No delay or failure of Lender to exercise any right, remedy, power or pri�ilege hereunder shall
<br />afFect that right, remedy, power orprivilege nar shall any single or partial exercis� thereofpreclude the exercise of
<br />any right, remedy, power or privilege. No Lender delay or failure to demand strict adherence to the terms of this
<br />C> 2004-2010 �Compliance S�stems. Ina F947-26B6 - 2010.05365 � ��
<br />Commercial Real Estate Security Inshvment - DLR007 � , . Page 3 of 5
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