Laserfiche WebLink
201101224 <br />Performance of Obligations. Grantor promises to perform all terms, conditions, and covenants of this <br />Security Instrument 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 inst� Grantor is lawfully, <br />..� . <br />seised of the estate hereby conveyed and has the exclusive right to mortgage, grant, convey ar�d assign the ;. <br />Property."Grantor covenants that the Prbperty 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 against 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 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 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 Property 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. Grantar will comply with all laws and 'regulations of all <br />public authorities having jurisdiction over the premises relating to the use, occupancy and' maintenance <br />thereof and shall upon request promptly submit to Lender evidence of such.compliance, - <br />. ,..: � <br />Due on Sale - Lender's�Consent. Grantor shallnot sell; further eneumber or oth�rwise dispose of, except�as` <br />` herein provided, any or all of its interest in any part of or all of the Property withouf first obfaining. 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 Properly 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 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 or 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 payrnents and any other charges relating to the Property when levied <br />or assessed against Grantor or the Property. <br />Environmental Laws and Hazardous or Toxic Materials. Grantor and every tenant have been, are <br />presently and shall continue to be in strict compliance. with any applicable 1oca1, 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 lavu:on.the <br />Property; except'to the extent-the existence of such m�terials 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 a"s 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 Properiy. 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 tlie books, <br />_ .,:�..__;, _:__< <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 or maintenance <br />which Grantor has failed to provide, Lender, after reasonable notice, may enter upon the Property to ef�ect <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 LEA5ES AND RENTS. As addifional security for the payment of the Indebtedness and the <br />perforniance of the covenants contairied herein, Grantor hereby assigns and`transfers over to Lender all rents, <br />� 2004-2010 Comphence Systems, Inc. F947-D266 - 2010.05365 � � � � - � - � '�� "- '?' <br />,. . ._, ...--' °-- ' ° - ---`- `--'- "--. nr enne �an. o�,.CC .... � .ww omm�li6nr.ewr.ma� onin <br />