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• <br /> • <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 <br />