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, �;� _ <br />�0�10�05� <br />f . . ' • � .. . . <br />month in advance of the due date. Lender may aLso require Grantor, tenant and any other user of the Properiy to <br />make payments of Rents directly to Lender. However, by receiving any such payments, Lender, is not, and sl�all not <br />be considered, an agent for any party or entity. Any amounts collected may, at Lender's �sole discrefion, be applied <br />to protect Lender's interest in the Properiy, 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 />CONDEMNATION. Grantor shall give Lender notice of any action taken or threatened to be talcen by private or <br />puUlic enrities to appropriate the Property or any part thereof, through condemnarion, eminent domain or any other <br />action. 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 awards to the Indebtedness, whether or not then due or otherwise in accorda.nce <br />with applicable law. Unless Lender otherwise agrees in writing, any application of proceeds to the Indebtedness <br />shall not e�ctend or postpone the due da.te of the payments due under the Indebtedness or change the amount of <br />such payments., <br />� _ <br />GRANTOR'S ASSURANCES. At any time, upon a request of Lender, Grantor will execute and deliver to <br />Lender, and if appropriate, cause to be recorded, such fiuther mortgages, assignments, assignments of leases and <br />rents, security agreements, pledges, financing statements, or such other document as Lender may require, in <br />Lender's sole discretion, to effectuate, complete and to perfect as well as to continue to preserve the Indebtedness, <br />or the lien or security interest created by this Security Instrument. <br />ATTORNEY-IN-FACT. . Grantor appoints Lender as attorney-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 />obiigations menfioned in the preceding paragraph, Lender as attomey-in-fact may fulfill the obligations without <br />norice �o Grantor: This power of attoTney shall not be 'affected by ttie dis�bility of the Grantor: <br />EVENTS OF DEF�ULT. The, folloyving events shall; constitute default under this Security,.Instrument, (each an <br />"Event 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 />REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default, Lender may, without demand or <br />notice, pay any or all taxes, assessments, premiums, and liens required to be paid by Grantor, effect any insurance <br />provided 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 ritle �or title insurance and taac histories in case none <br />wer� furnished 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 Intiebteclness' until paid: In tfle,event of foreclosure, the abstracts of title or'titl� insurance §hall'become the <br />propei�ty of Lender. All `abstracts of title, titIe insurance, tax histories, surveys, and otfier documents pertaining to <br />'the Indebtedness will remain' in I;ender'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 SECURITY INSTRUMENT BY ADVERTISEMENT, AS PROVIDED BY APPLICABLfi LAW, OR IN TI� <br />EVENT LENDER EXERCISES ITS RIGHTS UNDER TI� ASSIGNMENT OF LEASES AND RENTS, TI� <br />LENDER SHALL PROVIDE ALL STATUTORILY REQUIRED NOTICES OF SALE AND NOTICES OF <br />NDICIAL HEARINGS BEFORE LENDER EXERCISES ANY OF ITS RIGHTS UNDER THIS <br />INSTRiJMENT. <br />Upon the occurrence of an Event of Default, Lender may, without norice 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 pemutted by state law, is authorized and empowered to cause the Property to be sold at public auction, and <br />to execute and deliver to the purchaser or purchasers at such sale any deeds of conveyance good and suffcient at <br />law, pursuant to the statute in such case made and provided. The Trustee shall apply the proceeds of the Trustee's <br />sale, first, to the costs and expenses of exercising the power of sale and of the sale, including the payment of the <br />Trustee's fees actually incurred; second, to payment of the obligation secured by the trust deed; third, to the <br />payment of junior trust deeds, mortgages, or other lienholders and the balance, if any, to the person or persons <br />legally entitled thereto. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the <br />statements made in it. If Lender chooses to invoke the power of sale, Lender or Trustee will provide notice of sale <br />pursuant to applicable law: Any such sale or a sale made'pursuant to a judgment or a decree for the foreclosure <br />� zooa-zoi i compu�ce sy��e�, �a coFao�az - ao� oLi. u.nai , <br />