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<br />DEED OF TRUST
<br />Loan No: 0898354492 (Continued) Page 9
<br />expenses of Lender and third parties relating to inspecting the Real Property, environmental review, tiUe policies and
<br />endorsemants (or title searches, abstracts of title or legal opinions of title where applicable), and monitoring the
<br />payment of property taxes, and any govemmental taxes, fees and recording costs relating to this deed.
<br />LEASES AND RENTS. Grantor/Trustor/Mortgagor presently assigns to Lender all of GrantorlTrustor/Mortgagor's right,
<br />tiUe and interest in and to all present and future leases of the Property and all rents from the Property. This Ass(gnment
<br />of Rents is given to secure (A) Payment of the Indebtedness and (B) Performance of any and all obligatlons under the
<br />Note and Mortgage/D�d of Trust GrantorlTrustodMortgagor's present assignment to Lender hereunder is of all
<br />present and future leases includes all leases, licenses, rental agreements and other agreements of any kind relating to
<br />the use or occupancy of any of the Property, together with all guarantees of and security for any tenanYs performance,
<br />and aII 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 Property. This assignment shall not impose upon Lender any duty
<br />to produce Rents, nor cause Lender to be a°mortgagee in possession,° or responsible for pertorming any of the
<br />obligations of the lessor under any Lease. Lender confers upon GrantoNTrustor/Mortgagor a license 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 option and without notice, make, cancel, enforce
<br />or modiTy 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. GrantoNTrustor/Mortgagor represents and warrants that there exists
<br />no material default under present Leases and that those Leases are in full force and effect. Lendar, at its option and
<br />wfthout notice, may notify any tenant of this assignment of the Leases and Rents. Grantor/Trustor/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 in
<br />connection with any Lease; (ii) not to mod'rfy any Lease in any material respect, nor accept suRender under or terminate
<br />the term of any Lease, nor waive or retease any tenant under any Lease; (iii) not to anticipate 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 noUce of
<br />default on the part of GrantoNTrustoNMortgagor under any Lease received from a tenant. Should
<br />GrantorlTrustoNMortgagor fail to do any act required to be done by GrentodTrustoNMortgagor 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. Grantor/Trustor/Mortgagor agrees to pay to Lender immediately 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 option, may be added to the
<br />Indebtedness and secured hereby.
<br />ASSOCIATION OF UNIT OWNERS. The following provisions apply if the Real Property has been submitted to unit
<br />ownership law or similar law for the establishment of condominiums or cooperative ownership of the Real Property:
<br />A. Power of Attomey. Trustor/Grantor 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 shall have the right to exercise this power
<br />of attomey only after Trustor's/Grantot's default; however, Lender may decline to exercise this power as Lender sees
<br />fit.
<br />B. Insurance. The insurance as required herein may be carried by the association of unit owners on Trustor's/Grantor's
<br />behaif, and the proceeds of such insurance may be paid to the association of unit owners for the purpose of repairing or
<br />reconstructing 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 perform any of the obligations imposed on Trustor/Grantor by the declaration
<br />submitting the Real Property to unit ownership, by the bylaws of the association 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 termination of the lease as it pertains to the Real Property, or any failure
<br />of Trustor/Grantor as a member of an association of unit owners to take any reasonable acUon within
<br />Trustor's/Grantor's power to prevent a default under such lease by the association of unit owners or by any member of
<br />the associatlon shall be an Event of Default under this Deed of Trust.
<br />ARBITRATION AGREEMENT. Arbitrallon - Binding Arbitratlon. Lender and each party to this agreement hereby agree,
<br />upon demand by any party, to submit any Dispute to binding arbitration in accordance with the terms of this Arbitration
<br />Program. Arbitration may be demanded before the institutlon 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
<br />any amendment to any of such pleadings. A"Dispute" shall include any dispute, claim or contraversy of any kind,
<br />whether in contract or in tort, legal or equitable, now existlng or hereafter arising, relating in any way to any aspect of
<br />this agreement, or any related agreement incorporating this Arbitratlon Program (the "Documents"), or any renewal,
<br />extension, modfication or refinancing of any indebtedness or obligation relating thereto, including without limitation,
<br />their negotiation, execution, collateralization, administration, repayment, modiflcation, extension, substitution,
<br />formation, inducement, enforcement, default or termination. DISPUTES SUBMITTED TO ARBITRATION ARE NOT
<br />RESOLVED IN COURT BY A JUDGE OR JURY. TO THE EXTENT ALLOWED BY APPLICABLE LAW, THE PARTIES
<br />IRREVOCABLY AND VOLUNTARILY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO
<br />ANY DISPUTE ARBITRATED PURSUANT TO THIS ARBITRATION PROGRAM.
<br />A. Goveming Rules. Any arbiVatlon proceeding will (i) be govemed by the Federal Arbitration Act (Title 9 of the United
<br />States Code), notwithstanding any conflicting choice of law provision in any of the documents befinreen the parties; and
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