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<br />200600614
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<br />2.4 Maximum Secured Amount. The maximum amount secured by this Deed of Trust is twice the
<br />aggregate amount of the Note and each other instrument, agreement or obligation specifically
<br />described herein or in any rider attached to and recorded with this Deed of Trust, or otherwise
<br />incorporated herein by reference, including any of the foregoing which is incorporated into this Deed of
<br />Trust by a modification or similar document recorded subsequent to the date hereof. The maximum
<br />amount secured by this Deed of Trust shall not in any way imply that Beneficiary shall be obligated to
<br />advance any amount at any time. Advances or disbursements made by beneficiary to protect the
<br />security, under the terms hereof, shall not be deemed to be optional advances.
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<br />ARTICLE III. ASSIGNMENT OF RENTS
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<br />3.1 Assh;Jnment. For the purposes and upon the terms and conditions set forth herein, Trustor
<br />irrevocably assigns to Beneficiary all of Trustor's right, title and interest in, to and under all leases,
<br />licenses, rental agreements and other agreements of any kind relating to the use or occupancy of any
<br />of the Subject Property, whether existing as of the date hereof or at any time hereafter entered into,
<br />together with all guarantees of and security for any tenant's or lessee's performance thereunder, and
<br />all amendments, extensions, renewals and modifications thereto (each, a "Lease" and collectively, the
<br />"Leases"), together with any and all other rents, issues and profits of the Subject Property (collectively,
<br />"Rents"). This assignment shall not impose upon Beneficiary any duty to produce Rents from the
<br />Subject Property, nor cause Beneficiary to be: (a) a "mortgagee in possession" for any purpose; (b)
<br />responsible for performing any of the obligations of the lessor or landlord under any Lease; or (c)
<br />responsible for any waste committed by any person or entity at any time in possession of the Subject
<br />Property or any part thereof, or for any dangerous or defective condition of the Subject Property, or for
<br />any negligence in the management, upkeep, repair or control of the Subject Property. This is an
<br />absolute assignment, not an assignment for security only, and Beneficiary's right to Rents is not
<br />contingent upon and may be exercised without taking possession of the Subject Property. Trustor
<br />agrees to execute and deliver to Beneficiary, within five (5) days of Beneficiary's written request, such
<br />additional documents as Beneficiary or Trustee may reasonably request to further evidence the
<br />assignment to Beneficiary of any and all Leases and Rents. Beneficiary or Trustee, at Beneficiary's
<br />option and without notice, may notify any lessee or tenant of this assignment of the Leases and Rents.
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<br />3.2 Protection of Security. To protect the security of this assignment, Trustor agrees:
<br />a) At Trustor's sole cost and expense: (i) to perform each obligation to be performed by the lessor or
<br />landlord under each Lease and to enforce or secure the performance of each obligation to be
<br />performed by the lessee or tenant under each Lease; (ii) not to modify any Lease in any material
<br />respect, nor accept surrender under or terminate the term of any Lease; (iii) not to anticipate the
<br />Rents under any Lease; and (iv) not to waive or release any lessee or tenant of or from any Lease
<br />obligations. Trustor assigns to Beneficiary all of Trustor's right and power to modify the terms of
<br />any Lease, to accept a surrender under or terminate the term of or anticipate the Rents under any
<br />Lease, and to waive or release any lessee or tenant of or from any Lease obligations, and any
<br />attempt on the part of Trustor to exercise any such rights or powers without Benefiqiary's prior
<br />written consent shall be a breach of the terms hereof.
<br />b) At Trustor's sole cost and expense, to defend any action in any manner connected with any Lease
<br />or the obligations thereunder, and to pay all costs of Beneficiary or Trustee, including reasonable
<br />attorneys' fees, in any such action in which Beneficiary or Trustee may appear.
<br />c) That, should Trustor fail to do any act required to be done by Trustor under a Lease, then
<br />Beneficiary or Trustee, but without obligation to do so and without notice to Trustor and without
<br />releasing Trustor from any obligation hereunder, may make or do the same in such manner and to
<br />such extent as Beneficiary or Trustee deems necessary to protect the security hereof, and, in
<br />exercising such powers, Beneficiary or Trustee may employ attorneys and other agents, and
<br />Trustor shall pay necessary costs and reasonable attorneys' fees incurred by Beneficiary or
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