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201002498
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Last modified
4/15/2010 2:25:00 PM
Creation date
4/15/2010 2:23:04 PM
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DEEDS
Inst Number
201002498
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2~14U2498 <br />(ii) Grantor has made no pledge or assignment of the Leases or <br />Income, prior to the date hereof, and Grantor shall not, after the date hereof, make <br />or permit any such pledge or assignment. <br />(c) Grantor hereby covenants and agrees as follows: <br />(i) Grantor shall provide Beneficiary with a copy of each Lease, <br />amendment, modification or alteration thereto; and <br />(ii) Grantor shall authorize and direct, and does hereby authorize and <br />direct, each and every present and future Tenant of the whale or any part of the <br />Fremises to pay all rental to Beneficiary from and after the date of receipt of <br />written demand from Beneficiary to do so. <br />(d) Although this Deed of Trust constitutes an absolute, present and current <br />assignment of all Income, as long as no default or event of default as defined in <br />paragraph 14 below, on the part of Grantor shall have occurred, Beneficiary shall not <br />demand that such Income be paid directly to Beneficiary, and Grantor shall have a <br />license to collect, but not more than one (1) month prior to the due date thereof all such <br />Income from the Premises (including, without limitation, all rental payments under the <br />Leases. <br />(e) Grantor acknowledges that this instrument is an absolute transfer and <br />assignment of all Leases and the Income to Beneficiary. Upon termination, as <br />determined by Beneficiary, of Grantor's obligations to Beneficiary as set out in the <br />Loan Documents, Beneficiary shall relinquish its rights to the Leases and Income and <br />return said rights granted by this instrument to Grantor. <br />10. Effect of Extensions of Time. If the payment of the indebtedness secured hereby <br />ar any part thereof is extended or varied or if any part of any security for the payment of the <br />indebtedness is released, if the rate of interest charged under the Note is changed or if the time <br />for payment thereof is extended or varied, all persons now or at any time hereafter liable <br />therefor, ar interested in the Premises or having an interest in Grantor, shall be held to assent to <br />such extension, variation, release or change, and their liability and the lien and all of the <br />provisions hereof shall continue in full force, any right of recourse against all such persons being <br />expressly reserved by Beneficiary, notwithstanding such extension, variation, release or change. <br />11. Effect of Changes in Laws Regarding Taxation. If any law is enacted after the <br />date hereof requiring (a) the deduction of any lien on the Premises from the value thereof for the <br />purpose of taxation or (b) the imposition upon Beneficiary of the payment of the whale or any <br />part of the taxes or assessments, charges ar liens herein required to be paid by Grantor, or (c) a <br />change in the method of taxation of mortgages, deeds of trust or debts secured by mortgages, <br />deeds of trust or Beneficiary's interest in the Premises, ar the manner of collection of taxes, so as <br />to affect this Deed of Trust or the indebtedness secured hereby or the holders thereof, then <br />Grantor, upon demand by Beneficiary, shall pay such taxes or assessments, or reimburse <br />Beneficiary therefor; provided, however, that Grantor shall not be deemed to be required to pay <br />any income or franchise taxes of Beneficiary. Notwithstanding the foregoing, if in the opinion of <br />9 <br />
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