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201101�g� <br />WARRANTIES. Grantor, for itself, its heirs, personal representativcs, successors, aud assigns, rep�aents, <br />wanants, covenants and agrees with Lender, its successors and assigns, as follows: <br />Performance of Obligations. Grantor promises to perfarm all terms, oonditions, and covenanss of this <br />Security Instrumem and Related Documents in accordazice with the terms contained therein. <br />Defense and Title to Property. At the time of execudon and delivery of ihis inshumeni, Grantor is lawfutly <br />seised of the estate hereby conveyed and has the exctt�sive right to mortgage, giant, convey and acsign the <br />Properry. Grantor covenants that the Property is unencumbered and free of a1i liens, except for encumbrances <br />of record acceptable to Lender. Further, Grantor covenants that Grantnr will warrant and defend generally <br />the title to the Property against any and all claims and demanda whatsoever, subject to the eacements, <br />resaictions, or other encumbrances of record acceptable to Lender, ss may be listed in the schedule of <br />exceprions to coverage in any abstract of title or ride insurance policy insuring Lender's interest in the <br />Property. <br />Condition of Property. Grantor promises at alf times to preserve and to mainiain the Property and every <br />pazt thereof in good �epair, working order, and condition and will from time to iime, make 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 nat to remove any part of the Property from its <br />present iocation, 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 />PropeRy. Further, Grantor shall make no material alterations, additions or improvements of any type <br />whatever to thc Property, regazdless of w�heYher such alterations, additionc 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 anc! specifications, without Lender's prior written consent, which consent <br />may be withheld by Lender in its sole discrerion. Grantor wil! comply with alt taws and regulations oF all <br />public authorities having jurisdiction over the premises relating to the ate, occupancy and maintenance <br />thereof snd sha$ npon request prompdy submit to Lender evidence of such compliance. <br />Due on Sale - Lender's Consent. Graator shall not sell, further encumUer or otherwise di�ose 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 crcated, <br />Lender may declare immediately due and payable, the entue balance of the Indebtedness. <br />Insurance. Gtantor promises to keep the Property insured against such risks and in such forrn as may within <br />the soie dis�cretion of Lender 6e acceptable, caasing 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 poiicies must provide that I.ender will get a <br />mii�unwn of 10 days notice prior to cancelladon. At Lender's discretion, Grantor may be required to produce <br />receipts of paid p�emiwn.4 and renewaI policies. If Grantor fails to obffiin the required coverage, L,ender 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 tlte proceeds to be applied, only at Lende�'s option, to the repau and repiacement of the <br />damage or toss or to be applied to the Indebtedness with the su�plus, if any, to be paid by Lender to Grantor. <br />Paymeat at Taxes and Uther Applicable Charges. Granwr promises to pay and to dischazgc liens, <br />encumbrances, taxes, assessments, lease payments and any other charges relating tn the Properry when levied <br />or assessed against Grantor or the Property. <br />Envlronmeatal Laws and Hazsrdous or Tosic Materials. Grantor and eve,y tenant havo been, are <br />pzesently and sha11 conanue to be in strict compliance with any applicable local, state and federal <br />eavironmentsl laws and regutations. Further, neither Grentor nor any tenant shall manufacture, store, haudle, <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 exssKence of such materials has heen presently disclosed in writing w <br />Ltnder. Grantor wil! 'vnme8iately notify Lender in wnidng of any assenion or claim made by any party as to <br />ihe pos.cible violation of applicable state and federal environmental laws including the location o£ any <br />hazardous or toxic materials on or about tfie Property. Grautor indemnifces and holds Lender harmless from <br />any liability or expense of whatsoever nature incurred d'vectly or indirectly as a res�uit of Granror's viotation <br />of applicable lceal, state and federal environmenia! laws and reguIations or Granto�s invotvement with <br />hazardous or toxic materials_ <br />Finaneia! Tnformadon. Grantor agrees to supply J..ender such financial and other infomtation concerning its <br />affairs and the status of any of iGe assets as Lender, fmm time to time, may reasonably request. Grantor <br />fiuther agrees to permit Lender to verify accounts as well as to inspect, aopy and to examine the books, <br />records and files of Grantor. <br />Lender's Right to Enter, T..ender or L.ender's agents shall have the right and access to inspect the Properry at <br />all reasonable times in order to attend to Lende�'s interests and ensure compliance with the terms of dus <br />Security Inst:wnent. If the Properiy, or any part thereof, shall require inspection, repair or maintenauce <br />which Grantor 3ia,� failed to provide, Lender, after reasonable notice, may enter upan tbe Propec4y to effect <br />such obligation; and the cost thereof shall be added to the Indebtedness and paid on L.ender's demand by <br />Grantor. <br /><+^_OOJ�?010 Cortqdoncc Sysume, Inc• P947-56EF. - 2010.pS.7b+ <br />CommercNl Cn�e�rvciion Smmn� Immnww - DL4007 Paye: ofS nuw.compl+an�esrnnm.can <br />� <br />� ��1 � <br />! <br />