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.. ; . � � �Oi108�37 <br />be considered, an agent for any party or entity. Any 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 payrnent of taxes and insurance <br />premiums and to the Indebtedness. At I.ender'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 parhicipate or intervene in any of the above described proceedings in <br />any manner it shall at its sole discretion deternune. 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 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 payrnents due under the Indebtedness or change the amount of <br />such payments. <br />GRANTQR'S 'ASSURANCES. At any ,�ne, upon a_ request af Lender, Grantor will execute , and deliver to <br />Lender, and if appropriate, cause to be recorded, such further mortgages, assignments, assignmerits of leases and <br />rents, security agreements, pledges, financing statements, or such other docuxnent 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 />fu1fill any of Grantor's obligations under this Security Instrument or any Related Documents, including those <br />obligations mentioned in the preceding paragraph, Lender as attorney-in-fact may fulfill the obligations without <br />notice to Grantor. This power of attorney sha11 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 />��) <br />(b) <br />(c) <br />(d) <br />(e) <br />(fl <br />�g) <br />Failure to make required payments when due under Indebtedness; <br />Failure to perform or keep any of the covenants of this Security Inst�wnent or a default under any of <br />the Related Documents; <br />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 />The death, dissolution, insolvency, banl�uptcy or receivership proceeding of Grantor or of any person <br />or entity obligated on the Indebtedness; <br />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 />a�X person abligated on the Indebtedness; or <br />Lender deexns 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, premiwns, 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 />Propexty to be certified to date, or procure new abstracts of title or title insurance and ta�c 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 accniing on <br />the Indebtedness until paid.ln the event of foreclosure, the abstracts of title or title insurance sha11 become the <br />property of Lender. All abstracts of title, title insurance, tax lustories, 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 THE 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 THE ASSIGNMENT OF LEASES AND RENTS, THE <br />LENDER SHALL PROVIDE ALL STATUTORILY REQUIRED NOTICES OF SALE AND NOTICES OF <br />JUDICIAL HEARINGS BEFORE LENDER EXERCISES ANY OF ITS RIGHTS LTNDER THIS <br />INSTRUMENT. <br />Up�n the occurrence of an Event of Default, Lender may, without notice unless required by 1aw, 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 execnte and deliver to the purchaser or purchasers at such sale any deeds of conve�ce good and sufficient at <br />law, pursuant to the statute in such case made and provided. The Trustee shall apply the proceeds of the Tntstee'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 deecl; third, to the <br />payment of junior hvst 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 L,ender chooses to invoke the power of sale, Lender or Trustee wi11 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 xnade en masse. The commencement of proceedings to foreclose tlzis <br />Security Instrument in any manner authorized by law sha11 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 />� 20Q4-2011 Compliaacc Systems, Inc. COFO-SCSF - 2010L1.15.44] <br />Commercial Reel Estate Security Inshvment - DL4007 Page 3 of 5 �'W'H'•��P��YS�•�� <br />