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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 Leasehold Deed of Trust is given for the purpose of <br />securing payment and performance of the following (collectively, the "Secured <br />Obligations"): (i) all present and future indebtedness evidenced by the Note and any <br />amendment thereof, including principal, interest and all other amounts payable under <br />the terms of the Note; (ii) all present and future obligations of Trustor to Beneficiary <br />under the Loan Agreement, the Note and this Leasehold Deed of Trust (collectively <br />hereafter the "Loan Documents"); (iii) all additional present and future obligations of <br />Trustor to Beneficiary under any other agreement or instrument acknowledged by <br />Trustor (whether existing now or in the future) which states that it is or such obligations <br />are, secured by this Leasehold Deed of Trust; (iv) all obligations of Trustor to <br />Beneficiary under all modifications, supplements, amendments, renewals, or extensions <br />of any of the foregoing, whether evidenced by new or additional documents; and (v) <br />reimbursement of all amounts advanced by or on behalf of Beneficiary to protect <br />Beneficiary's interests under this Leasehold Deed of Trust or any other Loan Document <br />as 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 <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 Leasehold <br />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 Leasehold <br />Deed of Trust and at law or in equity, including the right to exercise the power of sale <br />granted hereunder. Regardless of whether or not Beneficiary, in person or by agent, <br />takes actual possession of the Land or the Improvements, Beneficiary shall not be <br />3 <br />