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<br />JDEMNATION. Grantor shall give Lender notice of any action taken or threatened to be taken by private or
<br />ic entities to appropriate the Property or any part thereof, through condemnation, eminent domain or any other
<br />�n. Further, Lender shall be permitted to participate or intervene in any of the above described proceedings in
<br />manner it shall at its sole discretion determine. Lender is hereby given full power, right and authority to
<br />ive and receipt for any and all damages awarded as a result of the full or partial taking or appropriation and in
<br />�le discretion, to apply said awards to the Indebtedness, whether or not then due or otherwise in accordance
<br />applicable law. Unless Lender otherwise agrees in writing, any application of proceeds to the Indebtedness
<br />not extend or postpone the due date of the payments due under the Indebtedness or change the amount of
<br />payments.
<br />G TOR'S AS5URANCES. At any tune, upon a request of Lender, Grantor will execute and deliver to
<br />L der, and if appropriate, cause to be recorded, such further mortgages, assignments, assignments of leases and
<br />re ', security agreements, pledges, financing statements, or such other document as Lender may require, in
<br />�' der's sole discretion, to effectuate, complete and to perfect as well as to continue to preserve the Indebtedness,
<br />or � e lien or security interest created by this 5ecurity Instrument.
<br />A ORNEY-IN-FACT. Grantor appoints I.ender as attorney-in-fact on behalf of Grantor. If Grantar fails to
<br />fu ill any of Grantor's obligations under this Securiry Instrument or any Related Documents, including those
<br />o� gations mentioned in the preceding paragraph, Lender as attorney-in-fact may fulfill the obligations without
<br />n, ce to Grantor. This power of attorney shall not be affected by the disability of the Grantor.
<br />C5 OF DEFAULT. The following events shall constitute default under this Security Instrument (each an
<br />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 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 entity 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 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 />EDIES ON DEFAULT. Upon the occurrence of an Event of Default, Lender may, without demand or
<br />n ce, pay any or all taxes, assessments, premiums, and liens required to be paid by Grantor, effect any insurance
<br />pr �'ded for herein, make such repairs, cause the abstracts of title or title insurance policy and tax histories of the
<br />Pr � erty to be certified to date, or procure new abstracts of title or title insurance and tax histories in case none
<br />w� e furnished to it, and procure title reports covering the Properly, including surveys. The amounts paid for any
<br />su purposes will be added to the Indebtedness and will bear interest at the rate of interest otherwise accruing on
<br />th ' Indebtedness until paid. In the event of foreclosure, the abstracts of title or title insurance shall become the
<br />pr �� erty of Lender. All abstracts of title, title insurance, ta.x histories, surveys, and other documents pertaining to
<br />th Indebtedness will remain in Lender's possession until the Indebtedness is paid in full.
<br />! HE EVENT OF THE SALE OF THIS PROPERTY UNDER THE PROCEDURE FOR FORECLOSURE OF
<br />A ECURITY INSTRUMENT BY ADVERTISEMENT, AS PROVIDED BY APPLICABLE LAW, OR IN THE
<br />E NT LENDER EXERCISES ITS RIGHTS UNDER THE ASSIGNMENT OF LEASES AND RENTS, THE
<br />L ER SHALL PROVIDE ALL STATUTORILY REQUIRED NOTICES OF SALE AND NOTICES OF
<br />,' ICIAL HEARINGS BEFORE LENDER EXERCISES ANY OF ITS RIGHTS UNDER THIS
<br />U' n the occurtence of an Event of Default, Lender may, without notice unless required by law, and at its option,
<br />de are the entire Indebtedness due and payable, as it may elect, regardless of the date or dates of maturity thereof
<br />an' , if permitted by state law, is authorized and empowered to cause the Property to be sold at public auction, and
<br />to ; xecute and deliver to the purchaser or purchasers at such sale any deeds of conveyance good and sufficient at
<br />la , pursuant to the statute in such case made and provided. The Trustee shall apply the proceeds of the Trustee's
<br />sa '' , first, to the costs and expenses of exercising the power of sale and of the sale, including the payment of the
<br />T� tee's fees actually incurred; second, to payment of the obligation secured by the trust deed; third, to the
<br />p ent of junior trust deeds, mortgages, or other lienholders and the balance, if any, to the person or persons
<br />le ' lly entitled thereto. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the
<br />s' ments made in it. If Lender chooses to invoke the power of sale, Lender or Trustee will provide notice of sale
<br />p uant to applicable law. Any such sale or a sale made pursuant to a judgment or a decree for the foreclosure
<br />he of may, at the option of Lender, be made en masse. The commencement of proceedings to foreclose this
<br />S' urity Instrument in any manner authorized by law shall be deemed as exercise of the above option.
<br />U� n the occurrence of an Event of Default, Lender shall immediately be entitled to make application for and
<br />o in the appointment of a receiver for the Property and of the earnings, income, issue and profits of it, with the
<br />p � ers as the court making the appointments confers. Grantor hereby irrevocably consents to such appointment
<br />waives notice of any appiication therefor.
<br />N' WAIVER. No delay or failure of Lender to exercise any right, remedy, power or privilege hereunder shall
<br />a ct that right, remedy, power or privilege nor shall any single or partial exercise thereof preclude the exercise of
<br />� right, remedy, power or privilege. No Lender delay or failure to demand strict adherence to the terms of this
<br />O 2 420I0 Compliance Systems, Inc. F947-B604 - 2010.05.365 '
<br />Co � ercial Real Estate Security Ins[rumeat - DIA007 Pege 3 ofl w�nv.complimmcesystems.com
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