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201300304
<br />II. Trustor further grants Beneficiary a security interest in the following (the
<br />"Personal Property "):
<br />(a) all structures, buildings and improvements of every kind and
<br />description now or at any time hereafter located or placed on the Property;
<br />(b) all of Trustor's interest in machinery, appliances, apparatus,
<br />equipment and fixtures now or hereafter located in, upon or under the Property or
<br />the Improvements, or any part thereof, and used or usable in connection with any
<br />present or future operation thereof, and all additions thereto and replacements
<br />therefore;
<br />(c) all articles of personal property and any additions to, substitutions
<br />for, changes in or replacements of the whole or any part thereof, including,
<br />without limitation, all furniture and furnishings, now or at any time hereafter
<br />affixed to, attached to, placed upon or used in any way in connection with the use,
<br />enjoyment, occupancy or operation of the Property or the Improvements, or any
<br />portion thereof, and owned by the Trustor or in which Trustor now has or
<br />hereafter acquires an interest;
<br />(d) all of the rents, royalties, issues and profits of the Property and the
<br />Improvements, or arising from the use or enjoyment of all or any portion thereof
<br />or from any lease, license, concession, occupancy agreement or other agreement
<br />pertaining thereto, and all right, title and interest of Trustor in and to all leases,
<br />licenses and occupancy agreements of the Property or of the Improvements now
<br />or hereafter entered into and all right, title and interest of Trustor thereunder,
<br />including, without limitation, cash or securities deposited thereunder to secure
<br />performance by tenants, lessees or licensees, as applicable, of their obligations
<br />thereunder.
<br />(e) all building materials and supplies now or hereafter placed on the
<br />Property or in the Improvements;
<br />(f) all proceeds of the conversion, voluntary or involuntary, of any of
<br />the foregoing into cash or liquidated claims, including, without limitation,
<br />proceeds of insurance and condemnation awards;
<br />(g) all other greater rights and interests of every nature in the Property
<br />and the improvements and in the possession or use thereof and income therefrom,
<br />whether now owned or subsequently acquired by Trustor.
<br />The Property, Improvements and Personal Property are collectively referred to herein as the
<br />"Mortgaged Property."
<br />PROVIDED, HOWEVER, that these presents are upon the condition that, if the
<br />obligations secured hereby shall be paid when due, and if the Trustor shall keep, perform and
<br />observe all and singular the obligations, covenants, agreements and provisions in this Deed of
<br />Trust expressed to be kept, performed by and observed by or on the part of the Trustor, then the
<br />Trustee, its successors and assigns, shall reconvey and release the Mortgaged Property.
<br />THIS DEED OF TRUST SHALL SECURE THE FOLLOWING INDEBTEDNESS
<br />AND OBLIGATIONS:
<br />(i) Payment of indebtedness evidenced by that certain Promissory Note dated
<br />of even date herewith (the "Promissory Note "), executed by Trustor in favor of
<br />Beneficiary in the principal amount of $3,500,000.00, bearing interest and being payable
<br />as provided therein, according to its terms, and all extensions, renewals and modifications
<br />thereof, presently scheduled to mature December 31, 2019;
<br />(ii) Payment of all other indebtedness and performance of all obligations and
<br />covenants of Trustor under each of the "Loan Documents," as hereinafter defined; and
<br />(iii) Payment of all of the principal of and interest on any future advances
<br />under the Loan Documents and all sums advanced by Beneficiary to protect the
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