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3"'(1;�.1� � � t `!`'1+`.�� � ::. � i`y:.�' � ' {: 3f Y �y ti } .,s� .'� "�- <br />_., ; , <br />20110�1�� <br />premiums and to the� Indebtedness. At Lender's sole discrerion, all leases, subleases and licenses must first be <br />approved by Lender. � <br />CONDEMNATION. Grantor shall give Lender notice of any acrion taken or threatened to be taken by'private or <br />public eri�ities to�appropriate the Property or any patt thereof, through condemnation,,eminent domain'or any other <br />actioi�. Further, Lender shall be permitted to partiGipate ar intervene in any of the above described proceedings in <br />any manner it shall at its sole discretion deteri�iine: Lender is hereby given full power; right and authority to <br />receive and receipt for any and all damages awarded as a resu�t 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 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 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, secu�ity agre�ments, pledges, financinp statements, or such other document as Lender may require, in <br />Lender's sole discrefion, to effectuate, complete and to perfect as well as to continue fo preserve the Indebtedness, <br />or the lien or security interest created by this Security Insirument. <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 />obligations mentioned in the preceding paragraph, Lender as attomey-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) ' 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 tbe 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 />REM�1)�3E5 ON DlEFA�JI.T. Upon the occurrence of an �vent of Default, Lender inay; wiehoui iiemand or <br />norice, 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 />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 />properly 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 TI� PROCEDURE F0�2 FORECLOSLJRE OF <br />A SECURITY INSTRUMENT BY ADVERTISEMENT, AS PROVIDED BY APPLICABLE LAW, OR IN TI� <br />EVENT LENDER EXERCISES ITS RIGHTS UNDER THE ASSIGNMENT OF LEASES AND RENTS, TI� <br />LENDER SHALL PROVIDE ALL STATUTORILY REQUIRED NOTICES OF SALE AND NOTICES OF <br />JUDICIAL 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 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 sufficient 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 actu3ily incurred; second, ta payment of the obligarion 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 lzuth 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 />hereof may, at the option of Lender, be made en masse. The commencement of proceedings to foreclose this <br />Security Instrument in any manner authorized by law shall be deemed as exercise of the above option. <br />Upon the occurrence of an Event of Default, Lender shall immediately be entitled to make application for and <br />obtain the appointment of a receiver for the Property and of the earnings, income, issue and profits of it, with the <br />m 2004-2010 Complianca Systems, Inc. F947-0130 - 2010.05365 <br />