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r <br /> Q1-0/-1 4: II ORaeaaaa7I.. : <br /> VOL.. - 93••;061 5-t PAGE ii _ .. ._- — --_--_ <br /> taetn too +od) <br /> - - • - - -- -- Pyec.dingi: l any proceeding In condermatlonIs-Ned;Grantor shelpromptly notify tend r In writing,and Grantor Ned p-prompty{eke such _- .- <br /> eupaas mey,be naaaeay to defend the action aria Obtain the award Granter may be the Mind party in such proceeding,but Lender shall be <br /> entitled to partdpata In the proceeding and to be.reprelerpe .in the proceeding by counsel of Its own choice.and Grantor wilt deliverer-cause to _ ... <br /> be delivered to Lender each Instruments an may be requested by it from time to time to permit such panlcipabon. <br /> ISAPOIRTION OF TARES,FEE$AND CGIARSE9 6Y GOVERNMENTAL AUrNORITIES. The following provisions relating to governmental taxes,tees <br /> and dirges ere a pith of thisMorgaga <br /> Corned TOMS,Fees � Un � M� � eRP�tl rr�er r ll <br /> wh tever action on requby Let perfect a nue Lender's theReal ropeny.G h eimbuse Lend for <br /> tares,an described below,together vote all expenses houmd In recording,perfecting or continuing this Mortgage.including without limitation all . <br /> these,tees,documentary stones,and other charges for recording or registering this Mortgage. <br /> Totes,The blowing shell correattne taxes to which this se lion applies: ()a spedlo tax upon this type of Mortgage or upon all or any pan of <br /> the Indebtedness secured by this Mortg age;(b)a specific to on Grantor Grantor is authorised or required to deduct from payments on the <br /> • Indebtedness secured by this type of Mortgage; (c)a lax on this type of chargeable against the Lender or the holder of the Note:and <br /> V (d)a specific tea on all or any portion of the Indebtedness oron payments.of al and interest made by Gran tor. <br /> . . SaWis eeld Tugs. It any tar to which this section applies is enectedeubsequent the date of this Mortgage.this event shall have the same <br /> effect as an Event of Default(as defined below),and Lender may exersise-eny-ocat Lt its aveleble remedies for an Event of Default as provided <br /> below unless Grantor either (a)pays the tax before it becomes delinquent or (b)corneae the tax as provided above In the Taxes and Uens . <br /> esbdoin and deposits with Lender cash or a sufliciem corporate surety bond or other securely s- ry to Lander. <br /> rir ACIRUlENTI FINANCING STATEMENTS The fotowing bfovfabns relating to this Writhes es a security agreement we a pan of this <br /> ,�,, <br /> e <br /> Security Agreement. This Instrument shall constitute a seoalHAgreernent to the extant any of the Property constitutes fixtures or other personal <br /> property,and Lander shall have all of the rights of a secured party under the Uniform Commrdi I Cade'as amended from time to lime. <br /> bate ep. Upon request by Under,.Grantor shell macula financing statements.and take whatever other action Is requested by Lender to <br /> perfect us my I In Rent,a d opatty. Ip o recording this Mortgage in the real pro <br /> ;. end awrdrt Lender's security interest n the ' Persona Pu addition <br /> ?scoria,Lander may.at any time and without futthr sup on born Grantor,fee executed counterparts,copies or reproductions of this <br /> et • <br /> ►'et _ ..- Malgage.as.a.tnancing statement. Gaiter slug reiMurae ' Anal-expensesi incurred in perfecting or continuing-that security Interest. <br /> Upon default,Grantor shell assemble the Personal ProperteIn a manner and-at a-place reasonably convenient to Grantor and Lender and make it <br /> available to Lender within three(3)days after receipt of written demartd from Lendr. <br /> Addressee. The mailing addresses of Grantor(debtor)and Lender(secured party). tern which Information concerning the security,merest <br /> granted by this Mortgage may be obtained(each as required by-the Uniform Cannier' cial Code),are as stared on the first page of this Mortgage. <br /> • FUR7h1ER ASSURANCES:ATTORNEY-IN-FACT. The'tolowig provisions rotating to tanner assurances and attorney-in-tact are a part of this <br /> Mortgage. <br /> Further Assurances. At any tine,and from time o'' ee upon request of Lender,Grantor will make,execute and dehiver,or will cause to be <br /> made,executed or delivered,to Lander or to tendda-designee,end when requested by Lender,cause to be lied,recorded,reeled,or <br /> rerecorded,an the case may be,at such times andrn such oflces_and.places as Lander may deem appropriate,any and all such mortgages, <br /> deeds of trust,security deeds,security agreements,fineming eutenleah,,Conlin stion statements,Instruments of further assurance,certificates, <br /> and other documents as may,In the sole opinion of Lender,_be necessary or deebable in order to effectuate,compote,petted,continue,or <br /> • preserve (a)the obligations of Grantor under thelNUo,this Mtt-gags,and the Related Documents,and (b)the liens and security interests <br /> created by this Mortgage as first and prior dens on the Properry,�whet hr now owned or hereafter acquired by Grantor. Unless prohibited by law <br /> or agreed to the contrary by Lender in writing Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters <br /> referred to In this paragraph. <br /> Manny-In-Fad. It Grantor fails to do any of the--thimthrefeited to in the preceding paragraph,Lender may do so tar and in the name of <br /> Grantor and at Grantor's expense. For such'purposes.Grantor hereby irrevocably appoints Lender as Grantor's attorney-in-tad for the purpose <br /> of making,executing, delivering,fang,recrding,,and doing all-otter things as may be necessary or desirable,in Lender's sole opinion,to <br /> . . ac ornpleh.thematters referred to In the preceding paragraph:- <br /> FULL PERFORMANCE. If Grantor pays all the Indebtedness when duo,and otherwise pedoma al the obligations imposed upon Grantor under this <br /> Mortgage,Lender shall execute and deliver to Grantor a suitable eetislection of this Mortgage and suitable statements of termination of any financing <br /> statement on file evidencing Lender's security interest in the Rama and the Personal Properly. Grantor will pay,it permitted by applicable law,any <br /> reasonable termination fee as determined by Lender from time to lime. <br /> DEFAULT.Each of the following,at the option of Lender,shalt constitute an event of detain("Event of Debug')under this Mortgage: <br /> Defeult on Indeblednssa Figure of Grantor to Crake any payment when due on the Indebtedness. .. _ ... <br /> T1 Default on Other Payments. Failure of Grantor within the tine required by this Mortgage to make any payment for takes or insurance.or any <br /> -" .. other payment necessary to prevent filing of or to effect discharge of any lien. <br /> Ceaplenee Osqult Failure to comply with any other term,obligation,covenant or condition contained in this Mortgage,the Note or in any of the <br /> Related Documents. 11 such a helium is curable and it Grantor has not been given a not tie of a breach of the same provision of this Mortgage <br /> within the preceing twelve(12)months,it may be cured(end no Event of Default will have occurred)it Grantor,after Lander sends written notice <br /> demanding cure of such ladu e: (a)coves the failure within fifteen(15)days:or (b)it the cure requires more man fifteen(15)days.immediately <br /> initiates steps aueldent to cute the Iaare and thereafter continues and completes all reasonable and necessary steps suthman,to produce <br /> compliance as soon as reasonably practical. <br /> • &salsa. Any warranty,representation or statement made or furnished to Lender by or on behalf at Grantor under this Mortgage.the Note or the <br /> Related Documents le,or et the time made or furnished was,false in any material respect. <br /> Insolvency. The insolvency of Grantor,appointment at a receiver for any pan of Grantor's properly,any assignment for the benefit of creditors, _ . . . <br /> • - the•cone encenartt of any proceeding under any baaaeupty or Insolvency laws by or against Grantor,or the dissolution or termination of <br /> Grantor's existence as a going bualness(it Grantor is a business). Except to the extent prohibited by federal law or Oho law,the death of Grantor <br /> (if Grantor is an individual)also shell constitute an Event of Vault under this Mortgage <br /> Foreclosure,eta Commencement of foreclosure,whether by)edictal proceeding,set-help,repossession or any other method,by any creditor of <br /> Grantor against any of the Properly. However,this subsection shall not apply in the event el a good faith dispute by Grantor as to the validly or • <br /> reasonableness of the taint which Is the basis of the foreclosure,provided that Grantor gives Lender written notice of such dam and furnishes • <br /> reserves or a surety bond for the deco ealatacory to Lender. <br />