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2011Q545�
<br />exceptions to coverage in any abstract of title or title insurance policy insuring Lender'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, make all needful and
<br />proper repairs so that the value of the Property shall 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 />Property. Furkher, 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 improvements and completion of
<br />items pursuant to approved plans and specifications, without Lender's prior written consent, which consent
<br />may be withheld by Lender in its sole discretion. Grantor will comply with all laws and regularions', 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 L,ender 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 c�'eated,
<br />Lender may 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
<br />the sole discretion of Lender be acceptable, causing Lender to be named as loss payee or if reques
<br />Lender, as mortgagee. The insurance company shall be chosen by Grantor subject to Lender's ap�
<br />which shall not be unreasonably withheld. All insurance policies must provide that Lender will
<br />minimum of 10 days notice prior to cancellation. At Lender's discretion, Grantor may be required to p�
<br />receipts of paid premiums and renewal policies. If Grantor fails to obtain the required coverage, Lendi
<br />do so at Grantor's expense. Grantor hereby directs each and every insurer of the Property to make payn
<br />loss to Lender with the proceeds to be applied, only at Lender's option, to the repair and replacement
<br />damage or loss or to be applied to the Indebtedness with the surplus, if any, to be paid by Lender to Gr�
<br />Payment of Tazes and Other AppHcable Charges. Grantor promises to pay and to discharge
<br />encumbrances, taxes, assessments, lease payments and any other charges relating to the Property when
<br />or assessed against Grantor or the Property.
<br />Environmental Laws and Hazardous or Tozic Materials. Grantor and every tenant have be
<br />presently and shall continue to be in strict compliance with any applicable local, state and
<br />environmental laws and regulations. Further, neither Grantor nor any tenant shall manufacture, store,
<br />discharge or dispose of hazazdous or toxic materials as may be defined by any state or federal law
<br />Property, except to the extent the existence of such materials has been presently disclosed in wri
<br />Lender. Grantor will immediately notify Lender in writing of any assertion or claim made by any par
<br />the possible violation of applicable state and federal environmental laws including the location
<br />hazardous or toxic materials on or about the Property. Grantor indemnifies and holds Lender harmle�
<br />any liability or expense of whatsoever nature incuned directly or indirectly as a result of Grantor's v
<br />of applicable local, state and federal environmental laws and regulations or Grantor's involveme
<br />hazardous or toxic materials.
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<br />Financial Information. Grantor agrees to supply Lender such financial and othes information conce g its
<br />affairs and the status of any of its assets as Lender, from time to time, may reasonably request. antor
<br />further agrees to permit I,ender to verify accounts as well as to inspect, copy and to examine the ooks,
<br />records and files of Grantor.
<br />Lender's Right to Enter. Lender or Lender's agents shall have the right and access to inspect the Prop ,rty at
<br />all reasonable times in order to attend to Lender's interests and ensure compliance with the terms f this
<br />Security Insttument. If the Property, or any part thereof, shall require inspection, repair or maint ce
<br />which Grantor has failed to provide, Lender, after reasonable notice, may enter upon the Property to ' ffect
<br />such obligation; and the cost thereof shall be added to the Indebtedness and paid on Lender's d ' d by
<br />Grantor.
<br />ASSIGNMENT OF LEAS�S ANla RENTS. As additional security for the payment of the Indebtedness a
<br />performance of the covenants contained herein, Grantor hereby assigns and transfers over to Lender all
<br />income and profits ("Rents") under any present or future leases, subleases or licenses of the Property, inc
<br />any guaranties, extensions, amendments or renewals thereof, from the use of the Property. So long as Graa
<br />not in default, Grantor may receive, collect and enjoy all Rents accruing from the Property, but not more th�
<br />month in advance of the due date. Lender may also require Grantor, tenant and any other user of the Propi
<br />make payments of Rents directly to Lender. However, by receiving any such payments, Lender is not, and sh
<br />be considered, an agent for any party or entity. Any amounts collected may, at Lender's sole discretion, be a
<br />to protect Lender's interest in the Property, including but not limited to the payment of taxes and insi
<br />premiums and to the Indebtedness. At Lender's sole discretion, all leases, subleases and licenses must fi
<br />approved by Lender.
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<br />� 2004-2010 Compliance Systems, Inc. F947-C4BB - 2010.05365
<br />Commerciel Reel Estate Security Tnshument - DL4007 Pege 2 of 5
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