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All of the above-referenced interests of Trustor in the Land, Improvements,
<br />Appurtenances, Equipment, Leases, Rents, Proceeds and Gross Revenues as hereby
<br />conveyed to Trustee or made subject to the security interest herein described are
<br />collectively referred to herein as the "Property."
<br />2. Obligations Secured. This Deed of Trust is given for the purpose of securing
<br />payment and performance of the following (collectively, the "Secured Obligations"): (i)
<br />all present and future indebtedness evidenced by the Note and any amendment thereof,
<br />including principal, interest and all other amounts payable under the terms of the Note;
<br />(ii) all present and future obligations of Trustor to Beneficiary under the Loan
<br />Agreement, the Note and this Deed of Trust (collectively hereafter the "Loan
<br />Documents"); (iii) all additional present and future obligations of Trustor to Beneficiary
<br />under any other agreement or instrument acknowledged by Trustor (whether existing
<br />now or in the future) which states that it is or such obligations are, secured by this Deed
<br />of Trust; (iv) all obligations of Trustor to Beneficiary under all modifications,
<br />supplements, amendments, renewals, or extensions of any of the foregoing, whether
<br />evidenced by new or additional documents; and (v) reimbursement of all amounts
<br />advanced by or on behalf of Beneficiary to protect Beneficiary's interests under this
<br />Deed of Trustor any other Loan Document as such may be modified, supplemented,
<br />amended, renewed or extended.
<br />3. Assignment of Rents, Issues, and Profits. Trustor hereby irrevocably, absolutely,
<br />presently and unconditionally assigns to Beneficiary the Rents, royalties, issues, profits,
<br />revenue, income and proceeds of the Property. This is an absolute assignment and not
<br />an assignment for security only. Beneficiary hereby confers upon Trustor a license to
<br />collect and retain such Rents, royalties, issues, profits, revenue, income and proceeds
<br />as they become due and payable prior to any Event of Default hereunder. Upon the
<br />occurrence of any such Event of Default, Beneficiary may terminate such license
<br />without notice to or demand upon Trustor and without regard to the adequacy of any
<br />security for the indebtedness hereby secured, and may either in person, by agent, or by
<br />a receiver to be appointed by a court, enter upon and take possession of the Property or
<br />any part thereof, and sue for or otherwise collect such rents, issues, and profits,
<br />including those past due and unpaid, and apply the same, less costs and expenses of
<br />operation and collection, including reasonable attorneys' fees, to any indebtedness
<br />secured hereby, and in such order as Beneficiary may determine. Beneficiary's right to
<br />the rents, royalties, issues, profits, revenue, income and proceeds of the Property does
<br />not depend upon whether or not Beneficiary takes possession of the Property. The
<br />entering upon and taking possession of the Property, the collection of such rents,
<br />issues, and profits, and the application thereof as aforesaid, shall not cure or waive any
<br />default or notice of default hereunder or invalidate any act done pursuant to such notice.
<br />If an Event of Default occurs while Beneficiary is in possession of all or part of the
<br />Property and/or is collecting and applying Rents as permitted under this Deed of Trust,
<br />Beneficiary, Trustee and any receiver shall nevertheless be entitled to exercise and
<br />invoke every right and remedy afforded any of them under this Deed of Trust and at law
<br />or in equity, including the right to exercise the power of sale granted hereunder.
<br />Regardless of whether or not Beneficiary, in person or by agent, takes actual
<br />possession of the Land or the Improvements, Beneficiary shall not be deemed to be a
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