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<br />Borrower, as the same is provided for the mailing of notices herein, it is hereby deemed that
<br />such notice shall be and is reasonable notice to Borrower. Any sale made pursuant to the
<br />provisions of this section shall be deemed to have been a public sale conducted in a reasonably
<br />commercial manner if held contemporaneously with the sale under the power of sale granted in
<br />this Deed of Trust upon giving the same notice with respect to the sale of the personal property
<br />as is required with respect to the trustee's sale under this Deed of Trust.
<br />c. Fixture Filing. From the date of its recording, this Deed of Trust shall be
<br />effective as a fmancing statement filed as a fixture filing with respect to all Personalty which
<br />are or are to become fixtures related to the Premises.
<br />d. Addresses. The mailing addresses of Borrower (the debtor) and Lenders (the
<br />secured party), from which information concerning the security interest granted by this Deed of
<br />Trust may be obtained, are set forth above.
<br />13. Absolute Assignment of Leases and Rents. In order to secure the full and punctual payment
<br />and performance of all present and future Obligations, Borrower absolutely and unconditionally assigns all
<br />Leases and Rents to Lenders. This assignment is, and it is intended to be an unconditional, absolute and
<br />present assignment from Borrower to Lenders of all of the Borrower's right, title and interest in and to the
<br />Leases and the Rents and not an assignment in the nature of a pledge of the Leases and Rents or the mere
<br />grant of a security interest therein. So long as no Event of Default shall exist, however, and so long as
<br />Borrower is not in default in the performance of any obligation, covenant or agreement contained in the
<br />Leases, Borrower shall have a license (which license shall terminate automatically and without notice upon
<br />the occurrence of an Event of Default that continues after any applicable cure period) to collect, but not prior
<br />to accrual, all Rents. Borrower agrees to collect and hold all Rents in trust for Lenders and to use the Rents
<br />for the payment of the cost of operating and maintaining the Property and for the payment of the other
<br />Indebtedness before using the Rents for any other purpose.
<br />14. Authorized Entry. Upon reasonable prior written notice to Borrower, Borrower
<br />authorizes Lenders and their agents to enter upon the Property to make such inspections and tests, at
<br />Borrower's expense, as Lenders may reasonably deem appropriate to determine compliance of the
<br />Property with the various provisions of the Deed of Trust. Any inspections or tests made by Lenders
<br />shall be for Lenders' purposes only and shall not be construed to create any responsibility or liability
<br />on the part of Lenders to Borrower or to any other person.
<br />15. Further Assurances; Attorney -In -Fact. At any time, upon request of Lenders, Borrower
<br />will make, execute and deliver to Lenders or to Lenders' designee, and when requested by Lenders,
<br />cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices
<br />and places as Lenders may deem appropriate, any and all such mortgages, deeds of trust, security
<br />agreements, financing statements, continuation statements, instruments of further assurance, affidavits,
<br />certificates, and other documents as may, in the sole opinion of Lenders, be necessary or desirable in
<br />order to effectuate, complete, perfect, continue, preserve or enforce: (1) the obligations of Borrower
<br />under the Notes, this Deed of Trust, and the Loan Documents, and (2) the liens and security interests
<br />created by this Deed of Trust and the Loan Documents as first and prior liens on the Property.
<br />Borrower shall reimburse Lenders for all reasonable costs and expenses incurred in connection with the
<br />matters referred to in this paragraph. For purposes of taking such action or executing such documents,
<br />Borrower hereby irrevocably appoints Lenders as Borrower's attorney -in -fact.
<br />892675/5 /COLUMBUS
<br />065439.00076
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