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i� . <br />*�;� �� & h �'.�,`, a :, � T y� y." .. . <br />a , � f , <br />*. :9�.�6t g '�°���)�w * :9n . <br />201101224 <br />income and profits ("Rents") under any present or future leases, subleases or licenses of the Property, includ'mg <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, byreceiving any such payments, Lender is not,' and shall not <br />be oonsidered, an agent far any party or 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 />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 ar any part thereof, through condemnation, eminent domain or any other <br />action. FurkYier, Lender shall be permitted 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 authority 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 tl�en 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, Grantor 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, fmancing 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 Indebtedness, <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 />fizlfill any of Grantor's obligations under this Security; Instrument or. any Related Documents, including those <br />obligations mentioned in the preceding paragraph, Lender as attomey-in-fact may 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 shall 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 perform or keep any of the covenants of this Security Instrument or a default under any of <br />the Retated Documents; <br />(c) The making of any oral or written statement or assertion to Lender that is false or misleading in any <br />material respect by Grantor or any persan oblig�ted 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 Grantor for the benefit of Grantor's creditors; <br />(� A material adverse change occurs in the fmancial 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 may, without 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 title or title insurance policy and tax histories of the <br />Property to be certified to date, or procure new abstracts of title or title insurance and tax histories in none <br />were furnished to:it, .and procure titlexeports.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. A11 abstracts of title, title insurance, tax histories, surveys, and other documents pertaining to <br />the Indebtedness will remain in Lender's possession until the Indebtedness is paid in full. <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 EXERGISES ANY OF ITS RIGHTS UNDER THIS <br />NSTRU1Lti'�'cNT. <br />Upon the occurrence of an Event of Default, Lender may, without notice unless required by law, and at its option, <br />declare the entire Indebtedness due and payable, as it may elect, regardless of the date or dates of maturity thereof <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 sufficient 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 reGitals in the Trustee's deed. shall be pritna facie evidence of the truth of the <br />O 2004-2010 Compliance Systems, Inc. F947-D266 - 2010.05365 . .. . . .. . �.,-.: � �� � � -� .: � <br />!`...n.n....�o4.Rnol-Fe�e�> Cor.�r:a., T..e�.�....n..� _ nl d(Hl'f De..e 1..FC .. ..n.n.. rn...nlienraew�nma rn <br />� � <br />