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2�i009345
<br />any rider attached to and recorded with this Deed of Trust recites are secured hereby;
<br />(d) payment to Beneficiary af all liability, whether liquidated or unliquidated, defined, contingent,
<br />conditional or of any other nature whatsoever, and perfarmance of all other obligations, arising under
<br />any swap, derivative, foreign exchange or hedge transaction or arrangement (or other similar transaction
<br />or arrangement howsoever described or defin�d) at any time entered into with Beneficiary in connection
<br />with any Secured Obligation; and
<br />(e) payment and performance of all future advances and other obligations that th� then record owner of
<br />the Subject Property may agree to pay and/or perform (whether as principal, surety or guarantor) for the
<br />benefit of Beneficiary, regardless of whether any such advance or other obligatian is evidenced by a
<br />writing which recites that it is secured by this Deed qf Trust; and
<br />(fl all modifications, extensions and renewals of any of the Secured Obligations (including withaut
<br />limitatian, (i) modifications, extensions or renewals at a different rate of interest, or (ii) de�ferrals or
<br />accelerations of the required principal payment dates or interest payment dates or both, in whole or in
<br />part), however evidenced, wheth�r or not any such modification, extension or renewal is evidenced by a
<br />new or additional pramissory note or notes, loan or credit agreement, confirmation letter and disclosure,
<br />change in terms agreement, or pther evidence of debt.
<br />2.2 Obligations. The term "obligatinns" 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 nr
<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 nr 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 I�.corporation. All terms of the Secured Obligatians are incorporated herein by this reference. All
<br />persans who may have or acquire an interest in the Real Property are hereby deemed to have notice of
<br />the terms of the Secured Obligatians 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 />an one or more of th� Secured �bligations may vary from time to time.
<br />2.4 Future Advances This Deed 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. AS�J( NMENT OF R�NT
<br />3.1 Assignment. For the purposes and upon the terms and conditions set forth herein, Trus#or
<br />irrevocably assigns to Beneficiary all of Trustar's right, title and interest in, ta 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 Fteal Praperty, whether existing as of the date hereof or at any time hereafter entered inta, together
<br />with all guarantees af and security f�r any tenant's br 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 prafits of the Real Property (collectively,
<br />"Rents")' This assignment shall not impose upon Beneficiary any duty to produce Rents from the Real
<br />Prap�rty, nor cause Beneficiary to be: (a) a"mortgagee in possession" for any purpose; (b) responsible
<br />for performing any of the obligatians 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, ar for any negligence in the
<br />DeedOfTrust-NE Job 1550608450-1310239189 Loan Vers.1 12l03l201q Page 3 of 19
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