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All of the above-referenced interests of Trustor in the Land, Improvements, Appurtenances, Equipment,
<br /> Leases, Rents, Proceeds, Gross Revenues, Plans and Financing as hereby conveyed to Trustee or made
<br /> subject to the security interest herein described are collectively referred to herein as the"Property."
<br /> 2. Obligations Secured. This Deed of Trust is given for the purpose of securing payment and
<br /> performance of the following (collectively, the"Secured Obligations"): (i) all present and future
<br /> indebtedness evidenced by the Note and any amendment thereof, including principal, interest and all other
<br /> amounts payable under the terms of the Note; (ii) all present and future obligations of Trustor to Beneficiary
<br /> under the Loan Documents (defined below); (iii) all additional present and future obligations of Trustor to
<br /> Beneficiary under any other agreement or instrument acknowledged by Trustor(whether existing now or in
<br /> the future)which states that it is or such obligations are, secured by this Deed of Trust; (iv) all obligations of
<br /> Trustor to Beneficiary under all modifications, supplements, amendments, renewals,or extensions of any of
<br /> the foregoing, whether 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 Deed of Trust or any
<br /> other Loan Document as such may be modified, supplemented, amended, renewed or extended. The
<br /> Note, the Loan Agreement, and this Deed of Trust, are hereafter collectively referred to as the"Loan
<br /> Documents."
<br /> 3. Assignment of Rents, Issues, and Profits. Trustor hereby irrevocably, absolutely, presently and
<br /> unconditionally assigns to Beneficiary the Rents, royalties, issues, profits, revenue, income and proceeds of
<br /> the Property. This is an absolute assignment and not an assignment for security only. Beneficiary hereby
<br /> confers upon Trustor a license to collect and retain such Rents, royalties, issues, profits, revenue, income
<br /> and proceeds as they become due and payable prior to any Event of Default hereunder. Upon the
<br /> occurrence of any such Event of r Default, Beneficiary may terminate such license without notice to or
<br /> demand upon Trustor and without regard to the adequacy of any security for the indebtedness hereby
<br /> secured, and may either in person, by agent, or by a receiver to be appointed by a court, enter upon and
<br /> take possession of the Property or any part thereof, and sue for or otherwise collect such rents, issues, and
<br /> profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and
<br /> collection, including reasonable attorneys' fees, to any indebtedness secured hereby, and in such order as
<br /> Beneficiary may determine. Beneficiary's right to the rents, royalties, issues, profits, revenue, income and
<br /> proceeds of the Property does not depend upon whether or not Beneficiary takes possession of the
<br /> Property. The entering upon and taking possession of the Property, the collection of such rents, issues,
<br /> and profits, and the application thereof as aforesaid, shall not cure or waive any default or notice of default
<br /> hereunder or invalidate any act done pursuant to such notice. If an Event of Default occurs while
<br /> Beneficiary is in possession of all or part of the Property and/or is collecting and applying Rents as
<br /> permitted under this Deed of Trust, Beneficiary, Trustee and any receiver shall nevertheless be entitled to
<br /> exercise and invoke every right and remedy afforded any of them under this Deed of Trust and at law or in
<br /> equity, including the right to exercise the power of sale granted hereunder. Regardless of whether or not
<br /> Beneficiary, in person or by agent, takes actual possession of the Land or the Improvements, Beneficiary
<br /> shall not be deemed to be a"mortgagee in possession,"shall not be responsible for performing any
<br /> obligation of Trustor under any Lease, shall not be liable in any manner for the Property, or the use,
<br /> occupancy, enjoyment or operation of any part of it, and shall not be responsible for any waste committed
<br /> by Trustor, lessees or any third parties, or for dangerous or defective condition of the Property or any
<br /> negligence in the management, repair or control of the Property. Absent Beneficiary's written consent,
<br /> Trustor shall not accept prepayment of Rents for any rental period exceeding one month.
<br /> 2002455.2 3
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