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201203748 Section 3.3 No Liability of Beneficiary. Beneficiary's acceptance of this assignment shall not be deemed to constitute Beneficiary a "mortgagee in possession," nor obligate Beneficiary to appear in or defend any proceeding relating to any Lease or to the Mortgaged Property, or to take any action hereunder, expend any money, incur any expenses, or perform any obligation or, liability under any Lease, or assume any obligation for any deposit delivered to Grantor by any tenant and not as such delivered to and accepted by Beneficiary. Beneficiary shall not be liable for any injury or damage to person or property in or about the Mortgaged Property, or for Beneficiary's failure to collect or to exercise diligence in collecting Rents, but shall be accountable only for Rents that it shall actually receive. Neither the assignment of Leases and Rents nor enforcement of Beneficiary's rights regarding Leases and Rents (including collection of Rents) nor possession of the Mortgaged Property by Beneficiary or by a keeper appointed at Beneficiary's request nor Beneficiary's consent to or approval of any Lease (nor all of the same), shall render Beneficiary liable on any obligation under or with respect to any Lease or constitute affirmation of, or any subordination to, any Lease, occupancy, use or option. If Beneficiary seeks or obtains any judicial relief regarding Rents or Leases, the same shall in no way prevent the concurrent or subsequent employment of any other appropriate rights or remedies nor shall same constitute an election of judicial relief for any foreclosure or any other purposes. Beneficiary neither has nor assumes any obligations as lessor or landlord with respect to any Lease. The rights of Beneficiary under this Article 3 shall be cumulative of all other rights of Beneficiary under the Credit Documents or otherwise. ARTICLE 4 - DEFAULT Section 4.1 Events of Default. The occurrence of anyone of the following shall be a default under this Deed of Trust (each a "default"): (a) Failure to Pay Obligations: Any of the Obligations is not timely paid when due, on demand or otherwise. (b) Nonperformance of Covenants. Any covenant, agreement or condition herein or in any other Credit Document (other than covenants otherwise addressed in another paragraph of this Section, such as covenants to pay the Obligations) is not fully and timely performed, observed or kept, and any such failure under this Deed of Trust is not cured within thirty (30) days after written notice thereof and any such failure under any other Credit Document is not cured within the applicable grace period (if any) provided for herein or in such other Credit Document (c) Representations. Any statement, representation or warranty in any of the Credit Documents, or in any financial statement or any other writing heretofore or hereafter delivered to Beneficiary in connection with the Obligations is false, misleading or erroneous in any material respect on the date hereof or on the date as of which such statement, representation or warranty is made, and such statement, representation or warranty is not made true and correct (as of the time such corrective action is taken) within the applicable grace period (if any) provided for in such Credit Document. Bolton Farm Loan 195618 Page 17 of 31 JM MDAI 1095245 A 0-0 05/03/2012