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. i: <br />r. .��t �, ,�� ',. ' �� ,t�.' iav <br />�'��- . <br />„ , „�. ,., , ,v . 3 ��� . <br />�Q�.10��97 <br />income and profits ("Rents")- under any present ar future leases, subleases or licenses of the Properiy including <br />any guaranties, extensions, arnendments or renewals thereof, 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.,A�y amounts collected may, at Lender's sole discretion, be applied <br />to protect Lender's interest in the Property, '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 taken by private or <br />public entities to appropriate the Property or any part thereof, through condemnation, 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 said awar�is to the Indebtedness, whether or not then due or ottlYerwise in accordance <br />with applicable law. Unless Lender otherwise agrees in writing, any applicarion 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 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 further 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 />fulfxll any of Grantor's obligations under this Security Instrument or any Related Documents, including those <br />obligations mention.ed in the preceding paragraph; Lender as attorney-in-fact may fulfill the obligations without <br />notice to Grantor. This power of attorney shall not be affected by the disability of the Grantor. <br />EVENTS OF DEFAULT. The following 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) Failwe to perform or keep any of the covenant� of this Security Insmiment 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) Tlie 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 />(� A material adverse change occurs in the fmancial 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 title or title insurance and tax histories in case none <br />were 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 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 pertaining to <br />the Indebtedness will remain in Lender's possession until the Indebtedness is paid in full. <br />IN THE EVENT OF THE SALE OF THIS PROPERTY UNDER T'HE PROCEDURE FOR FORECLOSURE OF <br />A SECURITY INSTRUMENT BY ADVERTISEMENT, AS PROVIDED BY APPLICABLE LAW, OR IN THE <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 />JiJDICIAL HEARINGS BEFORE LENDER EXERCISES ANY OF ITS RIGHTS UNDER 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 Properiy 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 sufficient at <br />law, pursuant to the staxute 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. T'he recitals in the Trustee's deed shall be prima facie evidence of the truth of the <br />� 2004-20ll Compliance Sys[ema, Ina COFO-CAOB - 2010L1.15.441 �, <br />.._�_�._�„__�c�_._�__._�.r_..._._,_. nrnnn� nertea..vc . , .... . ...www.cmm�liar <br />