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20]205288
<br />Obligations); (x) the Term Note; (y) the Line of Credit Note; and (z) any security agreement, guaranty or
<br />other Loan Document securing any of the foregoing.
<br />2.2 Obligations. The term "obligations" is used herein in its most comprehensive sense and
<br />includes any and all advances, debts, obligations and liabilities heretofore, now or hereafter made,
<br />incurred or created, whether voluntary or involuntary and however arising, whether due or not due,
<br />absolute or contingent, liquidated or unliquidated, determined or undetermined, joint or several, including
<br />without limitation, all principal, interest, charges, including prepayment charges and late charges, and
<br />loan fees at any time accruing or assessed on any Secured Obligation.
<br />2.3 Incorporation. All terms of the Secured Obligations are incorporated herein by this
<br />reference. All persons who may have or acquire an interest in the Subject Property are hereby deemed
<br />to have notice of the terms of the Secured Obligations and to have notice, if provided therein, that: (a) the
<br />Note or any other Secured Obligation may permit borrowing, repayment and reborrowing; and (b) the rate
<br />of interest on one or more of the Secured Obligations may vary from time to time.
<br />2.4 Maximum Secured Amount. The maximum amount secured by this Deed of Trust is twice
<br />the aggregate amount of the Note and each other instrument, agreement or obligation specifically
<br />described herein or in any rider attached to and recorded with this Deed of Trust, or otherwise
<br />incorporated herein by reference, including any of the foregoing which is incorporated into this Deed of
<br />Trust by a modification or similar document recorded subsequent to the date hereof. The maximum
<br />amount secured by this Deed of Trust shall not in any way imply that Beneficiary shall be obligated to
<br />advance any amount at any time. Advances or disbursements made by beneficiary to protect the
<br />security, under the terms hereof, shall not be deemed to be optional advances.
<br />ARTICLE Ill. ASSIGNMENT OF RENTS
<br />3.1 Assignment. For the purposes and upon the terms and conditions set forth herein, Trustor
<br />irrevocably assigns to Beneficiary all of Trustor's right, title and interest in, to and under all leases,
<br />licenses, rental agreements and other agreements of any kind relating to the use or occupancy of any of
<br />the Subject Property, whether existing as of the date hereof or at any time hereafter entered into, together
<br />with all guarantees of and security for any tenant's or lessee's performance thereunder, and all
<br />amendments, extensions, renewals and modifications thereto (each, a "Lease" and collectively, the
<br />"Leases"), together with any and all other rents, issues and profits of the Subject Property (collectively,
<br />"Rents"). This assignment shall not impose upon Beneficiary any duty to produce Rents from the Subject
<br />Property, nor cause Beneficiary to be: (a) a "mortgagee in possession" for any purpose; (b) responsible
<br />for performing any of the obligations of the lessor or landlord under any Lease; or (c) responsible for any
<br />waste committed by any person or entity at any time in possession of the Subject Property or any part
<br />thereof, or for any dangerous or defective condition of the Subject Property, or for any negligence in the
<br />management, upkeep, repair or control of the Subject Property. This is an absolute assignment, not an
<br />assignment for security only, and Beneficiary's right to Rents is not contingent upon and may be
<br />exercised without taking possession of the Subject Property. Trustor agrees to execute and deliver to
<br />Beneficiary, within five (5) days of Beneficiary's written request, such additional documents as Beneficiary
<br />or Trustee may reasonably request to further evidence the assignment to Beneficiary of any and all
<br />Leases and Rents. Beneficiary or Trustee, at Beneficiary's option and without notice, may notify any
<br />lessee or tenant of this assignment of the Leases and Rents.
<br />3.2 Protection of Security. To protect the security of this assignment, Trustor agrees:
<br />(a) At Trustor's sole cost and expense: (i) to perform each obligation to be performed by the
<br />lessor or landlord under each Lease and to enforce or secure the performance of each obligation to be
<br />performed by the lessee or tenant under each Lease; (ii) not to modify any Lease in any material respect,
<br />nor accept surrender under or terminate the term of any Lease; (iii) not to anticipate the Rents under any
<br />COMMNETEED_NE.DOC (Rev. 02/10) _3_
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