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2012002��
<br />DEED OF TRUST
<br />Loan No: 5863616932 (Continued) Page 9
<br />LEASES AND RENTS. Grantor/Trustor/Mortgagor presenUy assigns to Lender all of GrantorlTrustor/Mortgagor's right,
<br />title and interest in and to all present and future leases of the Property and all rents from the Property. This Assignment
<br />of Rents is given to secure (A) Payment of the Indebtedn�s and (B) PerFormance of any and all obligations under the
<br />Note and Mortgage/D�d of Trust GrantorlTrustor/Mortgagor's present assignment to Lender hereunder is of all
<br />present and future leases (ncludes all leases, licenses, rental agreements and other agreements of any kind relatlng to
<br />the use or occupancy of any of the Property, together with atl guarentees of and security for any tenanYs pertormance,
<br />and all extensions, renewals and modifications thereto (as used in this paragraph, each, a"Lease" and collectively, the
<br />"Leases°), together with any and all Rents from the Properly. This assignment shall not impose upon Lender any duty
<br />to produce Rents, nor cause Lender to be a°mortgegee in possession,° or responsible for pertorming any of the
<br />obligaUons of the lessor under any Lease. Lender confers upon GrantoNTrustor/Mortgagor a Iicense to collect and
<br />retain the Rents as they come due, until the occurrence of any Event of Default, at which time the license shall be
<br />automatically revoked, and Lender, or its designated agent may, at its opUon and without notice, make, cancel, enforce
<br />or modffy any Lease or Rents, collect Rents and do any acts which Lender deems proper to protect the security hereof
<br />or exercise any other right or remedy hereunder. GrantorlTrustoNMortgagor represents and warrants that there exists
<br />no materlal default under present Leases and that those Leases are in full force and effect. Lender, at its optlon and
<br />without notice, may notify any tenant of this assignment of the Leases and Rents. GrantarlTrustor/Mortgagor agrees,
<br />at its expense, (i) to comply with and enforce all the terms and conditions under each Lease, and defend in any action fn
<br />connection with any Lease; (fi) not to modify any Lease in any material respect, nor accept surrender under or terminate
<br />the term of any Lease, nor waive or release any tenant under any Lease; (ifi) not to anUcipate the Rents under any
<br />Lease; and (iv) to give prompt notice to Lender of any default by any tenant under any Lease, and of any notice of
<br />default on the part of GrantodTrustor/Mortgagor under any Lease received from a tenant. Should
<br />Grantorlfrustor/Mortgagor fail to do any act required to be done by Grantorlfrustor/Mortgagor hereunder, then Lender,
<br />at its option and without notice, may make or do the same in such manner and to such extent as Lender deems
<br />necessary to protect the security hereof. GrantorlTrustor/Mortgagor agrees to pay to Lender immedfately upon demand
<br />all sums expended under the authority hereof, including reasonable attomeys' fees, together with interest thereon at the
<br />highest rate per annum payable under any Indebtedness, and the same, at Lender's opUon, may be added to the
<br />Indebtedness and secured hereby.
<br />ASSOCIATION OF UNR OWNERS. The following provisions apply if the Real Property has been submitted to unit
<br />ownership law or similar law for the estabUshment of condominiums or cooperative ownership of the Real Property:
<br />A. Power of Attomey. TrustoNGrantor grants an irrevocable power of attomey to Lender to vote in Lender's discretion
<br />on any matter that may come before the association of unit owners. Lender shaii have the rtght to exercise this power
<br />of attomey only after Trustor's/Grantor's default; however, Lender may decline to exercise this power as Lender sees
<br />flt.
<br />B. Insurence. The insurance as required herein may be r�rried by the association of unit owners on Trustor's/Grantor's
<br />behalf, and the proceeds of such insurance may be paid to the association of untt owners for tha purpose of repairing or
<br />reconsVucting the Property. If not so used by the association, such proceeds shall be paid to Lender.
<br />C. Default Trustor's/Grantor's failure to pertorm any of the obligations imposed on Trustor/Grantor by the declaration
<br />submitting the Real Property to unit ownership, by the bytaws of the associatlon of unit owners, or by any rules or
<br />regulations thereunder, shall be an event of default under this Deed of Trust. If Trustor's/Grantor's interest in the Real
<br />Property is a leasehold interest and such property has been submitted to unit ownership, any failure by Trustor/Grantor
<br />to pertorm any of the obligations imposed on Trustor/Grantor by the lease of the Real Property from its owner, any
<br />default under such lease which might result in terminatlon of the lease as it perteins to the Real Property, or any failure
<br />of Trustor/Grantor as a member of an association of unit owners to take any reasonable action wfthin
<br />Trustor's/Grantor's power to prevent a default under such lease by the associatlon of unft owners or by any member of
<br />the association shall be an Event of Default under this Deed of Trust.
<br />ENCUMBRANCES. Grantor/MortgagoNTrustor shall not, without Lender's consent, mortgage, assign, grant a Ilen upon
<br />or security interest in, or otherwise encumber the Property or any interest in the Property, or allow such a Ilen or
<br />security interest to exist or arise, whether voluntarily, involuntarily or by operation of law, except for liens and sAcurity
<br />interests in favor of Lender, or property taxes attributable to the Property which are not past due.
<br />APPRAISALS, FEES AND EXPENSES. GrantoNTrustor agrees that Lender may obtain appraisals and reappraisals and
<br />pertorm property evaluatlons and appraisal reviews of the Real Property when required by the regulations of the Federal
<br />Reserve Board or the Office of the Comptroller of the Currency, or any other regulatory agency, or at such other times
<br />as Lender may reasonably require. Appraisals shall be pertormed by an independent third parly appraiser selected by
<br />Lender, properly evaluaUons and appraisal reviews may be pertormed by third party appraisers or appraisers and staff
<br />of Lender. The fees, expenses and other cost of such appraisals, reappraisals, prope►ty evaluatfons and appraisai
<br />reviews shall be paid by GrentorlTrustor. In additlon, GrantoNTrustor shall be responsible for payment of all fees and
<br />expenses of Lender and third parties relating to inspecting the Real Property, environmental review, title policies and
<br />endorsements (or tlUe searches, abstracts of tiUe or legal opinions of title where applicable), and monitoring the
<br />payment of properly taxes, and any govemmental ta�ces, fees and recording costs relatlng to this deed.
<br />ARBITRATIOId AGREEMENT. Arbkration - elndinn Arbitration. Lender and each party to this agreement hereby agree,
<br />upon demand by any party, to submit any Dispute to binding arbitraUon in accordance with the terms of this Arbitratlon
<br />Program. Arbitratlon may be demanded before the institution of a judicial proceeding, or during a Judicial proceeding,
<br />but not more than 60 days after service of a complaint, third party complaint, cross-claim, or any answer thereto, or
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