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thereby, immediately upon such acquisition, release, construction, assembling, placement or
<br />conversion, as the case may be, and in each such case, without any further deed of trust, conveyance,
<br />assignment or other act by Trustor, shall become subject to the lien of this Deed of Trust as fully and
<br />completely, and with the same effect, as though now owned by Trustor and specifically described
<br />in the granting clause hereof, but at any and all times Trustor will execute and deliver to Trustee any
<br />and all such further assurances, deeds of trust, conveyances or assignments thereof as Trustee or
<br />Beneficiary may reasonably require for the purpose of expressly and specifically subjecting the same
<br />to the lien of this Deed of Trust.
<br />1.05 Security Agreement; Fixture Financing Statement. This Deed of Trust shall be
<br />self - operative and constitute a Security Agreement and Fixture Financing Statement with respect to
<br />the Premises (including specifically, but without limitation, fixtures located on the Premises),
<br />Equipment, Rents and Profits, Insurance Proceeds and Condemnation Proceeds, Permits, Licenses,
<br />Approvals and Agreements. Trustor hereby agrees to execute and deliver on demand and hereby
<br />irrevocably constitutes and appoints Beneficiary the attorney -in -fact of Trustor, to execute, deliver
<br />and, if appropriate, to file with the appropriate filing officer or office such security agreements,
<br />financing statements or other instruments as Beneficiary may request or require in order to impose
<br />or perfect the lien or security interest hereof more specifically thereon. A photographic or other
<br />reproduction of this Deed of Trust or of any financing statement relating to this Deed of Trust shall
<br />be sufficient as a financing statement.
<br />1.06 Assignment of Rents and Profits.
<br />(a) Beneficiary and Trustee shall have the right, power and authority during the
<br />continuance of this Deed of Trust to collect the Rents and Profits of the Property and of personal
<br />property located thereon with or without taking possession of the Property affected hereby, and
<br />Trustor hereby absolutely and unconditionally assigns all such Rents and Profits to Beneficiary
<br />including the Rents and Profits of the Premises described in Exhibit A attached hereto. Beneficiary,
<br />however, hereby consents to the Trustor's collection and retention of such Rents and Profits as they
<br />accrue and become payable so long as Trustor is not at such time, in default with respect to the
<br />indebtedness secured hereby, or in the performance of any covenant or agreement hereunder or
<br />hereby secured. Upon any such default, Beneficiary may at any time, either in person, by agent, or
<br />by a receiver to be appointed by a court, with reasonable notice to the Trustor and without regard to
<br />the adequacy of any security for the indebtedness hereby secured, (i) enter upon and take possession
<br />of the Property or any part thereof, and in its own name sue for or otherwise collect such Rents and
<br />Profits, including those past due and unpaid, and apply the same, less costs and expenses of
<br />operation and collection, including reasonable attorneys' fees, upon any indebtedness secured hereby,
<br />and in such order as Beneficiary may determine; (ii) perform such acts of repair or protection as may
<br />be necessary or proper to conserve the value of the Property; (iii) lease the same or any part thereof
<br />for such rental, term and upon such conditions as its judgment may dictate. Unless Trustor and
<br />Beneficiary agree otherwise in writing, any application of Rents or Profits to any indebtedness
<br />secured hereby shall not extend or postpone the due date of the payments as provided in the Loan
<br />Agreement or change the amount of such payments. The entering upon and taking possession of the
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