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2014052C4
<br />DEED OF TRUST
<br />(Continued) Page 9
<br />incurred in the interest of and to benefit the marital community (or domestic partnership, if applicable), and expressly
<br />agrees that recourse may be had against his or her separate property and his or her rights in community property and
<br />community assets for all of his or her obligations to Lender, in addition to any other property that may be subject to
<br />rights of Lender. Borrower and Guarantor also agree not to, without Lender's prior written consent, enter into any
<br />community property agreement which alters the separate or community property character of any of such party's
<br />property. For the purpose of this provision, "Married Person" means a person in a spousal relationship and shall include
<br />parties to a duly registered andlor legally recognized same -sex civil union, domestic partnership, and other terms,
<br />whether or not gender - specific in a spousal relationship, that denote spousal relationship, as those terms are used
<br />throughout the laws, codes and regulations of states and/or jurisdictions that recognize legally married same -sex
<br />couples, civil unions end /or domestic partnerships, and any references herein to e married person or marital status shall
<br />be deemed to also include the applicable corresponding term, or other reference relating to a party to a civil union ar
<br />domestic partnership. To the extent this provision may conflict with another provision of this Guaranty that other
<br />provision shall control.
<br />EXECUTION OF DOCUMENTS. CONSULTATION WITH COUNSEL. Each party hereto acknowledges and agrees that
<br />he /she /it has had an opportunity to review and consider the terms and provisions of this agreement and each related
<br />loan document, to consult with counsel of his/herfrts choice, if desired, and to suggest changes to the structure and
<br />terms of the agreements. Each party hereto warrants and agrees that his/her /its execution of this agreement and any
<br />related loan documents is made voluntarily and with full knowledge of the significance and effect of such agreements.
<br />DEFINITION OF INDEBTEDNESS. The definition of "indebtedness" herein includes, without limitation. all liability of
<br />Borrower or other party having its obligations to Lender secured by this Deed of Trust, whether liquidated or
<br />unliquidated, defined, contingent, conditional or of any other nature whatsoever, and performance of all other
<br />obligations, arising under any swap, derivative. foreign exchange or hedge transaction or arrangement for other similar
<br />transaction or arrangement howsoever described or defined) at any time entered Into with Lender in connection with the
<br />Note.
<br />ENCUMBRANCES. Grantor /Mortgagor/Trustor shall not, without Lender's consent, mortgage, assign, grant a lien upon
<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 shell 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 for 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 Lander 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 (A) Payment of the Indebtedness and (BI 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 ail 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. GrantorfTrustor /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, It} to comply with and enforce all the terms and conditions under each Lease. end defend in any action in
<br />connection with any Lease; fill 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; OW 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 of
<br />default on the part of Grantor/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
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