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200800520
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Last modified
3/31/2008 4:47:12 PM
Creation date
1/22/2008 5:00:18 PM
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DEEDS
Inst Number
200800520
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<br />200800520 <br /> <br />20hJ.2 <br /> <br />interest with respect to the Rents. Grantor shall promptly deliver to Beneficiary copies of any <br />demands or notices of default received by Grantor in connection with any Third Party Agreement <br />and allow Beneficiary the right, but not the obligation, to cure any such default. All security or <br />other deposits, if any, received from tenants under the Leases shall be segregated and maintained <br />in an account satisfactory to Beneficiary and in compliance with the law of the state where the <br />Premises are located and with an institution satisfactory to Beneficiary. <br /> <br />1.14 Environmental Matters. Grantor will investigate, clean up, remove or remediate <br />any spill or release of Hazardous Substances at the Premises in accordance with the requirements <br />of all Environmental Laws and will otherwise use, handle, store and dispose of all Hazardous <br />Substances in accordance with the requirements of all Environmental Laws. <br /> <br />1.15 No Assignments; Future Leases. Grantor will not cause or permit any Rents, <br />Leases, Contracts for Sale, or other contracts relating to the Premises to be assigned, transferred, <br />conveyed, pledged or disposed of to any party other than Beneficiary without first obtaining the <br />express prior written consent of Beneficiary to any such assignment or permit any such <br />assignment to occur by operation of law. In addition, Grantor shall not cause or permit all or any <br />portion of or interest in the Premises or the Improvements to be leased (that word having the <br />same meaning for purposes hereof as it does in the law of landlord and tenant) directly or <br />indirectly to any Person, except Leases of storage space in the ordinary course of Grantor's <br />business under Leases the form of which has been approved in writing by Beneficiary and which <br />Leases are for a term not exceeding one year and are for a rental rate of at least equal to the then <br />current market rate for similar space. <br /> <br />1.16 Assignment of Leases and Rents and Collections. <br /> <br />(a) All of Grantor's interest in and rights under the Leases now existing or <br />hereafter entered into, and all of the Rents, whether now due, past due, or to become due, <br />and including all prepaid rents and security deposits, and all other amounts due with <br />respect to any of the other Collateral, are hereby absolutely, presently and unconditionally <br />assigned and conveyed to Beneficiary to be applied by Beneficiary as security for the <br />Secured Obligations in payment of all sums due under the Notes, the other Secured <br />Obligations and all other sums payable under this Deed of Trust. Prior to the occurrence <br />of any Default, Grantor shall have a license to collect and receive all Rents and other <br />amounts, which license shall be terminated at the sole option of Beneficiary, without <br />regard to the adequacy of its security hereunder and without notice to or demand upon <br />Grantor, upon the occurrence of any Default. It is understood and agreed that neither the <br />foregoing assignment to Beneficiary nor the exercise by Beneficiary of any of its rights or <br />remedies under Article III hereof shall be deemed to make Beneficiary a "mortgagee-in- <br />possession" or otherwise responsible or liable in any manner with respect to the Collateral <br />or the use, occupancy, enjoyment or any portion thereof, unless and until Beneficiary, in <br />person or by agent, assumes actual possession thereof, nor shall appointment of a receiver <br />for the Collateral by any court at the request of Beneficiary or by agreement with Grantor, <br />or the entering into possession of any part of the Collateral by such receiver, be deemed to <br />make Beneficiary a mortgagee-in-possession or otherwise responsible or liable in any <br />manner with respect to the Collateral or the use, occupancy, enjoyment or operation of all <br /> <br />12 <br /> <br />NEWYt\8176568.2 <br />
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