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200500259 Section 3.3 No Liability of Secured Party. Secured Party's acceptance of this assignment shall not be deemed to constitute Secured Party a "mortgagee in possession," nor obligate Secured Party to appear in or defend any proceeding relating to any Lease or to the Mortgaged Property, or to take any action hereunder, expend any money, incur any expenses, or perform any obligation or liability under any Lease, or assume any obligation for any deposit delivered to Debtor by any tenant and not as such delivered to and accepted by Secured Party. Secured Party shall not be liable for any injury or damage to person or property in or about the Mortgaged Property, or for Secured Party's failure to collect or to exercise diligence in collecting Rents, but shall be accountable only for Rents that it shall actually receive. Neither the assignment of Leases and Rents nor enforcement of Secured Party's right regarding Leases and Rents (including collection of Rents) nor possession of the Mortgaged Property by Secured Party nor Secured Party's consent to or approval of any Lease (nor all of the same), shall render Secured Party liable on any obligation under or with ' respect to any Lease or constitute affirmation of, or any subordination to, any Lease, occupancy, use or option. If Secured Party seeks or obtains any judicial relief regarding Rents or Leases, the same shall in no way prevent the concurrent or subsequent employment of any other appropriate rights or remedies nor shall same constitute an election of judicial relief for any foreclosure or any other purpose. Secured Party neither has nor assumes any obligations as lessor or landlord with respect to any Lease. The rights of Secured Party under this Article 3 shall be cumulative of all other rights of Secured Party under the Loan Documents or otherwise. ARTICLE 4 Default Section 4.1 Events of Default. The term "Default" means (i) the occurrence of an Event of Default under the Loan Agreement or (ii) the failure of Debtor to timely and properly observe, keep or perform any covenant, agreement or condition required in this Deed of Trust. Section 4.2 Notice and Cure. If any provision of this Deed of Trust or any other Loan Document provides for Secured Party to give to Debtor any notice regarding a Default or incipient default, then if Secured Party shall fail to give such notice to Debtor as provided, the sole and exclusive remedy of Debtor for such failure shall be to seek appropriate equitable relief to enforce the agreement to give such notice and to have any acceleration of the maturity of the Notes and the secured indebtedness postponed or revoked and foreclosure proceedings in connection therewith delayed or terminated pending or upon the curing of such default in the manner and during the period of time permitted by such agreement, if any, and Debtor shall have no right to damages or any other type of relief not herein specifically set out against Secured Party, all of which damages or other relief are hereby waived by Debtor. ARTICLE 5 Remedies Section 5.1 Certain Remedies. If a Default shall occur and is continuing, Trustee may exercise any one or more of the following remedies, without notice (unless notice is required by applicable statute): DEED OF TRUST— Page 8