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201302943
<br />DEED OF TRUST
<br />(Continued) Page 10
<br />or security interest in, or otherwise encumber the Property or any interest in the Property, or allow such a lien or
<br />security interest to exist or arise, whether voluntarily, involuntarily or by operation of law, except for liens and security
<br />interests in favor of Lender, or property taxes attributable to the Property which are not past due.
<br />APPRAISALS, FEES AND EXPENSES. Grantor /Trustor agrees that Lender may obtain appraisals and reappraisals and
<br />perform property evaluations 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 performed by an independent third party appraiser selected by
<br />Lender; property evaluations and appraisal reviews may be performed by third party appraisers or appraisers and staff
<br />of Lender. The fees, expenses and other cost of such appraisals, reappraisals, property evaluations and appraisal
<br />reviews shall be paid by Grantor /Trustor. In addition, Grantor /Trustor 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 title searches, abstracts of title or legal opinions of title where applicable), and monitoring the
<br />payment of property taxes, and any governmental taxes, fees and recording costs relating to this deed.
<br />LEASES AND RENTS. Grantor /Trustor /Mortgagor presently assigns to Lender all of Grantor /Trustor /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 (Al Payment of the Indebtedness and lB) Performance of any and all obligations under the
<br />Note and Mortgage /Deed of Trust. Grantor/Trustor /Mortgagor'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 tenant's performance,
<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 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 performing any of the
<br />obligations of the lessor under any Lease. Lender confers upon Grantor /Trustor /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 modify 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. Grantor/Trustor /Mortgagor represents and warrants that there exists
<br />no material default under present Leases and that those Leases are in full force and effect. Lender, at its option and
<br />without 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 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; (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 notice olf
<br />default on the part of Gra ntor /Trustor /Mortgagor under any Lease received from a tenant. Should
<br />Grantor /Trustor /Mortgagor fail to do any act required to be done by Grantor/Trustor /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. Grantor /Trustor /Mortgagor agrees to pay to Lender immediately upon demand
<br />all sums expended under the authority hereof, including reasonable attorneys' 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 />FAILURE TO PROVIDE INSURANCE. Grantor /Trustor /Mortgagor ( "Owner ") acknowledges and agrees that if Owner fails
<br />to provide any required insurance on the terms set forth herein or in any Related Documents, or fails to continue such
<br />insurance in force in compliance with the requirements of this agreement or any Related Documents, Lender may
<br />purchase insurance at Owner's expense as provided therein. Such insurance may protect Lender's interests, and may
<br />otherwise protect none of, or less than all of, Owner's interests. The cost of any such insurance shall become a part of
<br />the Indebtedness and shall be payable on demand or added to the Note as provided herein, at Lender's option. OWNER
<br />ACKNOWLEDGES THAT IF LENDER SO PURCHASES ANY SUCH INSURANCE, THE INSURANCE MAY PROVIDE
<br />LIMITED PROTECTION AGAINST PHYSICAL DAMAGE TO THE COLLATERAL, UP TO THE BALANCE OF THE LOAN;
<br />HOWEVER, OWNER'S EQUITY IN THE COLLATERAL MAY NOT BE INSURED. IN ADDITION, THE INSURANCE MAY
<br />NOT PROVIDE ANY PUBLIC LIABILITY OR PROPERTY DAMAGE INDEMNIFICATION AND MAY NOT MEET THE
<br />REQUIREMENTS OF ANY FINANCIAL RESPONSIBILITY LAWS.
<br />LENDER TO BE NAMED LOSS PAYEE. All required policies and certificates of insurance shall name
<br />Mortgagee /Beneficiary as loss payee, and shall provide that the insurance cannot be terminated as to
<br />Mortgagee /Beneficiary except upon a minimum of ten (10) days' prior written notice to Mortgagee /Beneficiary.
<br />Immediately upon any request by Lender /Mortgagee /Beneficiary, Grantor /Trustor /Mortgagor shall deliver to
<br />Lender /Mortgagee /Beneficiary the original of all such policies or certificates, with receipts evidencing annual prepayment
<br />of the premiums.
<br />ARBITRATION AGREEMENT. Arbitration - Binding Arbitration. 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 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
<br />any amendment to any of such pleadings. A "Dispute" shall include any dispute, claim or controversy of any kind,
<br />whether in contract or in tort, legal or equitable, now existing or hereafter arising, relating in any way to any aspect of
<br />this agreement, or any related note, instrument or agreement incorporating this Arbitration Program (the "Documents "),
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