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_� ; �;� , :;� ��. <br />, � _ ` k�: .n <br />i. � - . <br />20110356� <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 AND RENTS. As additional security for the payment of,the,Indebtedness and,the <br />perforniance of the covenants contained. herein, Grantor hereby assigns andP 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, exterisions;' amendments or renew,�ls=thereaf, 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, by receiving any such payments, Lender is not, and shall not <br />be considered, an agent for any party or entity. Any amounts collected may, at Lender's sole discretion, be applied <br />to protect Lender's interest in the Properly, 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 />��1��1N6hA'�I�1�'. C�ra�ttto� sh�11=�;i�E Let�d:r n�ti:;e. of any action�t��ker. o� threaten�� to be taken �i, private or <br />public e�tities to appropriate the Properiy or any part thereof, through condemnation, eminent domain or any other <br />acrion. Further, 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 awazds to the Indebtedness, whether or not then 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, ASSiIRANC�S. At any time, upon a request of Lender, Grantor will execute.,and ;deliver to <br />Irender, and if appropriate, cause.to be recprded, such fiuther,moztgages, assignments,� assignments of le�ses and <br />rents;; securi ,ty .agreements, pledges, financing statements;, or such other docunnent as ;LendeF inay. r�quire, in <br />Lender's sole discretion, to effectuate, complete and to petfect as, well as to to, preserve the-Indebtedness, <br />or the lien or security interest created by this Security Instrument. <br />ATTORNEY-IN-FACT. Grantar appoints Lender as attomey-in-fact on behalf of Grantor. If Grantor fails to <br />fulfill any of Grantor's obligations under this Security Instrument or any Related Documents, including those <br />obligations mentioned in the preceding paragraph, Lender as attorney-in-fact may fulfill the obligations without <br />notice to Grantor. This power of attprney shall not be affected by the disability of the Grantor. <br />EVENTS OF DEFAULT. T'he following events shall consritute default under this Security Instrument (each an <br />"Event of Default"): <br />(a) Failure to make required payments zv�iei� du� under.indebtedness; <br />(b) Failure to perform or keep any of the cpvenants 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 false 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 enrity obligated on the Indebtedness; <br />(e) Any assignment by Grantor for the benefit of Grantor's creditors; <br />(fl A material adverse change occurs in the financial condirion, ownership or management of Grantor or <br />any person obligated on the Indebtedness; or <br />�. (g) - Lender deems itself insecure.�or any.reason,whatsoever. _ _ � ` <br />REMEDIES ON DEFAULT. Upon the occurrence of an Event" of Default; Lender may : wifihout demand or <br />norice, pay.any or all taxes, assessments, premiums, and liens required to be paid by Grantor, effect any insurance <br />proyided 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 case none <br />were fiimished 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 pertau�ing to <br />the Indebtedness will remain in Lender's possession until the Indebtedness is paid in full. <br />IN TI� EVENT OF THE SALE OF THIS PROPERTY UNDER TI� PROCEDURE FOR FORECLOSURE OF <br />` A SECtJfZIT� TNSTRUIvIENT BY :�DVERTISEMEI�[T, AS PROVIDED BY APPLICABL� T,AW, 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 iJNDER 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 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 aucrion, and <br />to; execute and deliver to the pu�rchaser'or purcfiasers at such sale any deeds of conveyance good and''sufficient at <br />Iaw, pursuant to tlie statute ui such case made and piovided. The Trustee shalI apply the proceeds of the Trustee's <br />� 2004-2010 CompGenca Systems, Ina F947-C14A - 2010.04363 � � .. " . . " ' . . . � . ' . . — . ' . . . <br />Commaroial Real Esfate Security Iaatrumerrt -_DIA007 Pasa 3 of S . . . . . . . . .. , . ,:..: "w�v��r.�w� n�d.ea:,a,:.tis•a �,,..� <br />