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<br /> including principal, interest and all other amounts payable under the terms of the Note; (ii)
<br /> all present and future obligations of Trustor to Beneficiary under the Loan Agreement, the
<br /> Note and this Deed of Trust (collectively hereafter the "Loan Documents"); (iii) all
<br /> additional present and future obligations of Trustor to Beneficiary under any other
<br /> agreement or instrument acknowledged by Trustor (whether existing now or in the future)
<br /> which states that it is or such obligations are, secured by this Deed of Trust; (iv) all
<br /> obligations of Trustor to Beneficiary under all modifications, supplements, amendments,
<br /> renewals, or extensions of any of the foregoing, whether evidenced by new or additional
<br /> documents; and (v) reimbursement of all amounts advanced by or on behalf of Beneficiary
<br /> to protect Beneficiary's interests under this Deed of Trust or any other Loan Document as
<br /> such may be modified, supplemented, 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 an
<br /> assignment for security only. Beneficiary hereby confers upon Trustor a license to collect
<br /> and retain such Rents, royalties, issues, profits, revenue, income and proceeds as they
<br /> become due and payable prior to any Event of Default hereunder. Upon the occurrence of
<br /> any such Event of 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
<br /> indebtedness hereby secured, and may either in person, by agent, or by a receiver to be
<br /> appointed by a court, enter upon and take possession of the Property or any part thereof,
<br /> and sue for or otherwise collect such rents, issues, and profits, including those past due
<br /> and unpaid, and apply the same, less costs and expenses of operation and collection,
<br /> including reasonable attorneys' fees, to any indebtedness secured hereby, and in such
<br /> order as Beneficiary may determine. Beneficiary's right to the rents, royalties, issues,
<br /> profits, revenue, income and proceeds of the Property does not depend upon whether or
<br /> not Beneficiary takes possession of the Property. The entering upon and taking possession
<br /> of the Property, the collection of such rents, issues, and profits, and the application thereof
<br /> as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate
<br /> any act done pursuant to such notice. If an Event of Default occurs while Beneficiary is in
<br /> 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
<br /> nevertheless be entitled to exercise and invoke every right and remedy afforded any of
<br /> them under this Deed of Trust and at law or in equity, including the right to exercise the
<br /> power of sale granted hereunder. Regardless of whether or not Beneficiary, in person or by
<br /> agent, takes actual possession of the Land or the Improvements, Beneficiary shall not be
<br /> 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
<br /> the use, occupancy, enjoyment or operation of any part of it, and shall not be responsible
<br /> for any waste committed by lessees or any third parties, or for dangerous or defective
<br /> condition of the Property or any negligence in the management, repair or control of the
<br /> Property. Absent Beneficiary's written consent, Trustor shall not accept prepayment of
<br /> Rents for any rental period exceeding one month.
<br /> 4. Security Agreement. The parties intend for this Deed of Trust to create a lien on the
<br /> Property, and an absolute assignment of the Rents and Leases, all in favor of Beneficiary.
<br /> 1172395-3 3
<br /> Commercial Rehabilitation Loan Program
<br /> Owner Participation and Loan Agreement
<br /> Form: 10-20-09
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