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<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 Trust or 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
<br /> "mortgagee in possession," shall not be responsible for performing any obligation of
<br /> Trustor under any Lease, shall not be liable in any manner for the Property, or the use,
<br /> 1177360-2 3
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