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<br />Defense and Title to Property. At the time of execution and delivery of this instrument, Grantor is Iawfully
<br />seised of the estate hereby conveyed and has the exclusive right to mortgage, grant, convey and assign the
<br />Property. Grantor covenants that the Property 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 i.ender, as may be listed in the schedule of
<br />exceptions to coverage in any abstract of title or title insurance policy insuring I.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, rnake all needful and
<br />proper repairs so that the value of the Property shaIl 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 />Proper[y. 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 irnprovements and completion of
<br />items pursuant to approved plans and specifications, without I.ender's prior written consent, which cansent
<br />may be withheld by L.ender in its sole discretion. Grantor 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 />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 rnay 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 company shall be chosen by Grantor subject to L.ender's approval,
<br />which shall not be unreasonably withheld. All insurance policies must provide that Lender will get a
<br />zninimum of 1Q days notice prior to canceliation. 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 L,ender'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 ]iens,
<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 Toacic 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 ttor 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 />l,ender. 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. 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 regulacions 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 />Lerider's Right to Enter. Lender ar L.ender'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, shali require inspection, repair or maintenance
<br />which Grantor has failed to provide, L.ender, after reasonable natice, may enter apon 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 />ASSrGNMENT OF LEASES AND RENTS. As additional security for the payment of the Indebtedness and the
<br />performance of the coveaants 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 />� 2004-20t0 CumpGancc Systems, Inc. I�h47-7957 - 2010.05.3l5 .
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