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<br />so incurred by Beneficiary and any money so paid by Beneficiary shall be a demand obligation owing by Trustor to
<br />Beneficiary (which obligation Trustor hereby promises to pay), shall be a part of the indebtedness secured hereby,
<br />and Beneficiary, upon making such payment, shall be subrogated to all of the rights of the person, entity or body
<br />politic receiving such payment. Beneficiary and its designees shall have the right to enter upon the Property at any
<br />time and from time to time for any such purposes. No such payment or performance by Beneficiary shall waive or
<br />cure any default or waive any right, remedy or recourse of Beneficiary. Any such payment may be made by
<br />Beneficiary in reliance on any statement, invoice or claim without inquiry into the validity or accuracy thereof. Each
<br />amount due and owing by Trustor to Beneficiary pursuant to this Deed of Trust shall bear interest, from the date such
<br />amount becomes due until paid, at the rate per annum provided in the Note for interest on past due principal owed on
<br />the Note but never in excess of the maximum nonusurious amount permitted by applicable law, which interest shall be
<br />payable to Beneficiary on demand; and all such amounts, together with such interest thereon, shall automatically and
<br />without notice be a part of the indebtedness secured hereby. The amount and nature of any expense by Beneficiary
<br />hereunder and the time when paid shall be fully established by the certificate of Beneficiary or any of Beneficiary's
<br />officers or agents.
<br />ARTICLE 3
<br />Assignment of Rents and Leases
<br />Section 3.1. AssigLiment. Trustor hereby assigns to Beneficiary all Rents (hereinafter defined) and all
<br />of Trustor's rights in and under all Leases (hereinafter defined). So long as no Default has occurred, Trustor shall
<br />have a license (which license shall terminate automatically and without further notice upon the occurrence of a
<br />Default) to collect, but not prior to accrual, the Rents under the Leases and, where applicable, subleases, such Rents
<br />to be held in trust for Beneficiary and to otherwise deal with all Leases as permitted by this Deed of.Trust. Each
<br />month, provided no Default has occurred, Trustor may retain such Rents as were collected that month and held in
<br />trust for Beneficiary; provided, however, that all Rents collected by Trustor shall be applied solely to the ordinary and
<br />necessary expenses of owning and operating the Property or paid to Beneficiary. Upon the revocation of such
<br />license, all Rents shall be paid directly to Beneficiary and not through Trustor, all without the necessity of any further
<br />action by Beneficiary, including, without limitation, any action to obtain possession of the Land, Improvements or
<br />any other portion of the Property or any action for the appointment of a receiver. Trustor hereby authorizes and
<br />directs the tenants under the Leases to pay Rents to Beneficiary upon written demand by Beneficiary, without further
<br />consent of Trustor, without any obligation of such tenants to determine whether a Default has in fact occurred and
<br />regardless of whether Beneficiary has taken possession of any portion of the Property, and the tenants may rely upon
<br />any written statement delivered by Beneficiary to the tenants. Any such payments to Beneficiary shall constitute
<br />payments to Trustor under the Leases, and Trustor hereby irrevocably appoints Beneficiary as its attorney -in -fact to
<br />do all things, after a Default, which Trustor might otherwise do with respect to the Property and the Leases thereon,
<br />including, without limitation, (i) collecting Rents with or without suit and applying the same, less expenses of
<br />collection, to any of the obligations secured hereunder or to expenses of operating and maintaining the Property
<br />(including reasonable reserves for anticipated expenses), at the option of the Beneficiary, all in such manner as may
<br />be determined by Beneficiary, or at the option of Beneficiary, holding the same as security for the payment of the
<br />Secured Obligations, (ii) leasing, in the name of Trustor, the whole or any part of the Property which may become
<br />vacant, and (iii) employing agents therefor and paying such agents reasonable compensation for their services. The
<br />curing of such Default, unless other Defaults also then exist, shall entitle Trustor to recover its aforesaid license to do
<br />any such things which Trustor might otherwise do with respect to the Property and the Leases thereon and to again
<br />collect such Rents. The powers and rights granted in this Section shall be in addition to the other remedies herein
<br />provided for upon the occurrence of a Default and may be exercised independently of or concurrently with any of said
<br />remedies. Nothing in the foregoing shall be construed to impose any obligation upon Beneficiary to exercise any
<br />power or right granted in this Section or to assume any liability under any Lease of any part of the Property and no
<br />liability shall attach to Beneficiary for failure or inability to collect any Rents under any such Lease. The assignment
<br />contained in this Section shall become null and void upon the release of this Deed of Trust. As used herein: (i)
<br />"Lease" means each existing or future lease, sublease (to the extent of Trustor's rights thereunder), usufruct or other
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