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<br />200700664
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<br />letter and disclosure, change in terms agreement, or other evidence of debt.
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<br />2.2 Obliaations. The term "obligations" is used herein in its most comprehensive sense and includes
<br />any and all advances, debts, obligations and liabilities heretofore, now or hereafter made, incurred or
<br />created, whether vOluntary or involuntary and however arising, whether due or not due, absolute or
<br />contingent, liquidated or unliquidated, determined or undetermined, joint or several, including without
<br />limitation, all principal, interest, charges, including prepayment charges and late charges, and loan fees
<br />at any time accruing or assessed on any Secured Obligation.
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<br />2.3 Incorooration. All terms of the Secured Obligations are incorporated herein by this reference. All
<br />persons who may have or acquire an interest in the Subject Property are hereby deemed to have notice
<br />of the terms of the Secured Obligations and to have notice, if provided therein, that: (a) the Note or any
<br />other Secured Obligation may permit borrowing, repayment and reborrowing; and (b) the rate of interest
<br />on one or more of the Secured Obligations may vary from time to time.
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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 described
<br />herein or in any rider attached to and recorded with this Deed of Trust, or otherwise incorporated herein
<br />by reference, including any of the foregoing which is incorporated into this Deed of Trust by a
<br />modification or similar document recorded subsequent to the date hereof. The maximum amount
<br />secured by this Deed of Trust shall not in any way imply that Beneficiary shall be obligated to advance
<br />any amount at any time. Advances or disbursements made by beneficiary to protect the security, under
<br />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 Assi9nment. 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 of
<br />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 all
<br />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:
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<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
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