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improvement to the Land. Furthermore, this Deed of Trust is given for the purpose of securing
<br />the following obligations (collectively, the "Secured Obligations "):
<br />(i) Payment and performance of all Obligations, including, without limitation,
<br />the Promissory Note by Trustor to and in favor of Beneficiary dated as of the date hereof in the
<br />original principal amount of $7,000,000, and the Promissory Note by Trustor to and in favor of
<br />Beneficiary dated as of the date hereof in the original principal amount of $3,400,000, and all
<br />indebtedness, liabilities, and obligations of any person under the other Loan Documents.
<br />Notwithstanding the foregoing, however, the Secured Obligations do not include Line of Credit 1
<br />or the Promissory Note by Trustor to and in favor of Beneficiary dated as of the date hereof in
<br />the original principal amount of $1,000,000;
<br />Trust;
<br />(iii) Payment and performance of all obligations of Trustor under the
<br />Continuing Guaranty dated as of the date hereof by Trustor to and in favor of Bank (the
<br />"Guaranty ");
<br />(iv) Payment and performance of all "Obligations" of Zitski, as the term
<br />"Obligations" is defined in the Credit Agreement by and between Zitski and Beneficiary dated on
<br />or around the date hereof (as amended, restated, or otherwise modified from time to time, the
<br />"Zitski Credit Agreement "), including, without limitation, the Promissory Note by Zitski to and in
<br />favor of Beneficiary dated as of the date hereof in the original principal amount of $3,200,000.
<br />(v) Payment and performance of all future advances and other obligations of
<br />Trustor and Zitski to Beneficiary, whether now existing or hereafter incurred or created, whether
<br />voluntary or involuntary, whether due or not due, whether absolute or contingent, or whether
<br />incurred directly or acquired by Beneficiary by assignment or otherwise; and
<br />(vi) Payment and performance of all modifications, amendments, extensions,
<br />and renewals of any of the matters described in subparagraphs (i), (ii), or (iii) above.
<br />Section 1.01. Absolute Assignment. Trustor hereby irrevocably, absolutely, presently,
<br />and unconditionally assigns to Beneficiary (as an absolute assignment and not as an
<br />assignment for security only):
<br />(a) All of Trustor's right, title, and interest in, to and under any and all Leases,
<br />whether now in effect or entered into in the future, including (i) all guarantees of and security for
<br />lessees' performance under any and all Leases and (ii) all amendments, extensions, renewals,
<br />or modifications to any Leases; and
<br />(b) All rents (and payments in lieu of rents), income, profit, payments and
<br />revenue at any time payable under any and all Leases, any and all security deposits received or
<br />to be received by Trustor pursuant to any and all Leases, and all rights and benefits accrued or
<br />to accrue to Trustor under any and all Leases (collectively "Rents ").
<br />FNBO /Nova -Tech
<br />Leasehold Deed of Trust
<br />DOCS/1660400.5
<br />201605328
<br />(ii) Payment and performance of all obligations of Trustor under this Deed of
<br />ARTICLE I
<br />ASSIGNMENT OF TRUSTOR'S INTEREST IN LEASES AND RENTS
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