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<br />with any Secured Obligation;
<br />(e) payment and performance of all future advances and other obligations that the then record owner of
<br />the Subject Property may agree to pay and/or perform (whether as principal, surety or guarantor) far the
<br />benefit of Beneficiary, regardless of whether any such advance or other obligation is evidenced by a
<br />writing which recites that it is secured by this Deed of Trust; and
<br />(f) all modifications, extensions and renewals of any of the Secured Obligations (including without
<br />limitation, (i) modifications, extensions or renewals at a different rate of interest, or (ii) deferrals or
<br />accelerations of the required principal payment dates or interest payment dates or both, in whole or in
<br />part), however evidenced, whether or not any such modification, extension or renewal is evidenced by a
<br />new or additional promissory note or notes, loan or credit agreement, confirmation letter and disclosure,
<br />change in terms agreement, or other evidence of debt.
<br />2.2 ~lisations. The term "obligations" is used herein in its most comprehensive sense and includes any
<br />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.
<br />2.3 Incor orp ation. All terms of the Secured Obligations are incorporated herein by this reference. All
<br />persons who may have or acquire an interest in the Real Property are hereby deemed to have notice of
<br />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.
<br />2.4 Future Advance. This t7eed of Trust secures all future advances made by the Beneficiary to the
<br />Trustor. Advances or disbursements made by Beneficiary to protect the security, under the terms hereof,
<br />shall not be deemed to be optional advances.
<br />ARTICLE III. ASSIGNMENT~1= RENTS
<br />3.1 Assignment. 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 Real Property, whether existing as of the date hereof or at any time hereafter entered into, together
<br />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 Real Property (collectively,
<br />"Rents"). This assignment shall not impose upon Beneficiary any duty to produce Rents from the Real
<br />Property, nor cause Beneficiary to be: (a) a "mortgagee in possession" far any purpose; (b) responsible
<br />for performing any of the obligations of the lessor or landlord under any Lease; or (c) responsible for any
<br />waste committed by any person or entity at any time in possession of the Real Property or any part
<br />thereof, or for any dangerous or defective condition of the Real Property, or for any negligence in the
<br />management, upkeep, repair or control of the Real Property. This is an absolute assignment, not an
<br />assignment far security only, and Beneficiary's right to Rents is not contingent upon and may be
<br />exercised without taking possession of the Real Property. Trustor agrees to execute and deliver to
<br />Beneficiary, within five (5) days of Beneficiary's written request, such additional documents as
<br />Beneficiary or Trustee may reasonably request to further evidence the assignment to Beneficiary of any
<br />and all Leases and Rents. Beneficiary or Trustee, at Beneficiary's option and without notice, may notify
<br />DeedOfTrust-NE Job 1712907848-1129797866 Loan Vers.4 09/16/2009 Page 3 of 19
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