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<br /> guarantor}for�he benefit of Beneficiary, when any such ad�ance or other obligation is e�idenced by a
<br /> wri��ng which re�ites that it is secur�d by this Deed of Trust; and
<br /> �g} all madificat�ons, extensions and rene�als of any of the Secured �bligat�ons �including
<br /> withou�IEmifation, �i} madifications, exfensions or renewals at a different rate af�nferest, ar�ii}deferrals ar
<br /> acceiera#ions �f�he required principal paymen#dates or interest payment da�es or both, in wh�le or in
<br /> part}, howe�er e�id�nced, whethe�or nat any such mod�fE�atian, extension or renewal is e�idenced by a
<br /> new or add itional prvm�ssory nate or notes.
<br /> Fo�the a�oidance of doubt, the Secur�d �bfigations shall nvt include o�ligativns �inc�uding thase vf the
<br /> type set forth in claus�s �c}through �f}abo�e}und�r�x}�he Credit Agreement�afher than the Real Es#ate
<br /> �bl�gations}; �y}the Line of Credit Note; and �z}any securi#y agreement, guaranty�oth�r than the Flatrock
<br /> Guaranty�as d�fined in the Credit Agreement}with resp�ct to the Real Estate abliga#�ons}or other Lvan
<br /> Docu m ent securi ng any of the faregoi ng.
<br /> �.2 Dbli ations. The�erm "oblEgatians" is used herein in its mvst comprehensi�e sense and
<br /> includes any and a11 ad�ances, debts, abiigativns and lia�iii�ies here�afare, now or hereaf�er made,
<br /> incurr�d or created, wh�ther voluntary or in�o�untary and how��er arising, whether due vr no#due,
<br /> absolute�r contingent, liquidated ar un�iquidated, determin�d or undetermined,joint or se�eral, including
<br /> without limitation, ali principaf, interest, char��s, including prepaym�nt charges and late charges, and
<br /> loan fees at any time accruing or assessed on any Secured ��ligatian.
<br /> 2.3 �ncar vration. All terms vf the Secured �bligatians are incorporated herein by this
<br /> ��ference. All persvns who may have or acqu�re an interest in the Subject Praperty are hereby deemed
<br /> #� have no#ice af the terms of the Secured �bligations and to have notice, if provided �here�n, that: �a}the
<br /> Note or any oth�r Secured ��ligafion may permi# borr�wing, repaymen#and reborrowing; and �b}#he ra#e
<br /> of interest on one vr more of the S�cured �bligations may�ary from time to time.
<br /> �.4 Maximum Secured Amaunf. The maximum amvunt secured by this Deed of Trust is twice
<br /> the aggregafe amoun#of the Note and each o#her instrum�nt, agreement or ob��gativn specifically
<br /> describ�d herein or in any rider attached to and recvrded with this Deed of Trust, or otherwis�
<br /> incorporated herein by ref�rence, including any of the foregoing which is incorparated into th�s Deed af
<br /> Trust by a mvdifica�ian or similar document recarded su�sequent to the date h�revf. The maximum
<br /> amount secured by this Deed af Trust shal� n�t in any way impEy that Beneficiary shall be abligated to
<br /> ad�ance any amvunt at any t�me. Ad�ances or disbursements made by ben�ficiary�o protec#�he
<br /> securi�y, under the terms hereof, shal� nvt be d�emed to be optivna� ad�ances.
<br /> ARTICLE Ili. ASSlGNIUIENT�F RENTS
<br /> 3.1 Assiqnment. For the purpvses and upon#he terms and canditions set for#h herein, Trus�or
<br /> irre�ocab�y assigns tv Benefic�ary all vf Trusfor's right, title and int�rest in, to and under all leases,
<br /> I�censes, rental agreements and ather agreements af any kind r�lating ta the use or occupancy af any of
<br /> the Su�ject Prvperty, whether existing as of�he date hereof ar at any tEme hereaf#�r�nfered inta, tagether
<br /> wi�h a�l guarantees of and security for any fenan#'s nr lessee's performance thereunder, and all
<br /> am�ndments, �xtensians, renewais and modifications thereto �each, a "Lease" and collec#i�efy, the
<br /> "Leases"}, together with any and all �ther ren#s, issues and profits of the Su�j�c# Pr�perty�callecti�e�y,
<br /> "Rents"}. This assignment sha[I not impose upon Beneficiary any duty to prvduce Rents frvm the Subject
<br /> Property, nor cause Beneficiary to be: �a}a "mar�gagee in possession"fvr any purpose; �b} responsible
<br /> for performEng any af the obligativns�f�he lessor ar landlord under any Lease; or�c}responsible fvr any
<br /> waste committed by any person or en�ify at any time in p�ssession of the Subject Property or any par#
<br /> thereof, or far any dangerous or defecti�e condition of the Subj�ct Property, ar far any negligence in the
<br /> management, upkeep, repair ar cvntral of th�Sub�ect Property. This is an absolute assignmen#, nvt an
<br /> assignment for securify only, and Beneficiary's �ight to Rents is not conting�nt uporr and may be
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