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<br />waive, release, discount, set off, compromise, reduce or defer any Rent, receive or collect Rents more than one (1)
<br />year in advance, grant any rent-free period to any tenant, reduce any Lease term or waive, release or otherwise
<br />modify any other material obligarion under any Lease, renew or extend any Lease except in accordance with a right
<br />of the tenant thereto in such Lease, approve or consent to an assignment of a Lease or a subletting of any part of the
<br />premises covered by a Lease, or settle or compromise any claim against a tenant under a Lease in bankivptcy or
<br />otherwise (if Beneficiary so requests, Trustor shall cause the tenant under any Lease consented to by Beneficiary to
<br />enter into a subordination agreement with Beneficiary satisfactory in the sole discrerion of Beneficiary); (viii)
<br />promptly upon request by Beneficiary, Trustor shall deliver to Beneficiary executed originals of all Leases and
<br />copies of a11 records relating thereto; (ix) there shall be no extinguishment by confusion of the leasehold estates,
<br />created by the Leases, with ownership of the Land without the prior written consent of Beneficiary; and (x)
<br />Beneficiary may at any time and from time to time by specific written instrument intended for the purpose,
<br />unilatera.11y subordinate the lien of this Deed of Trust to any Lease, without joinder or consent of, or notice to,
<br />Trustor, any tenant or any other person, and notice is hereby given to each tenant under a Lease of such right to
<br />subordinate. No such subordination shall consritute a subordinarion to any lien or other encumbrance, whenever
<br />arising, or impmve the right of any junior lienholder; and nothing herein sha11 be construed as subordinating this
<br />Deed of Trust to any Lease.
<br />Section 3.3 No Liability of Beneficiary. Beneficiary's acceptance of this assignment shall not be
<br />deemed to constitute Beneficiary a"mortgagee in possession," nor obligate Beneficiary to appear in or defend any
<br />proceeding relating to any Lease or to the Mortgaged Property, or to take any action hereunder, expend any money,
<br />incur any expenses, or perform any obligation or liability under any Lease, or assume any obligation for any deposit
<br />delivered to Trustor by any tenant and not as such delivered to and accepted by Beneficiary. Beneficiary shall not be
<br />liable for any injury or damage to person or property in or about the Mortgaged Property, or for Beneficiary's failure
<br />to collect or to exercise diligence in collecting Rents, but shall be accountable only for Rents that it shall actually
<br />receive. Neither the assig�nment of Leases and Rents nor enforcement of Beneficiary's rights regarding Leases and
<br />Rents (including collection of Rents) nor possession of the Mortgaged Property by Beneficiary or by a keeper
<br />appointed at Beneficiary's request nor Beneficiary's consent to or approval of any Lease (nor all of the same), shall
<br />render Beneficiary liable on any obligation under or with respect to any Lease or constitute affirmation of, or any
<br />subordination to, any Lease, occupancy, use or oprion. If Beneficiary seeks or obtains any judicial relief regarding
<br />Rents or Leases, the same shall in no way prevent the concurrent or subsequent employment of any other
<br />appropriate rights or remedies nor shall same constitute an election of judicial relief for any foreclosure or any other
<br />purposes. Beneficiary neither has nor assumes any obligations as lessor or landlord with respect to any Lease. The
<br />rights of Beneficiary under this Article 3 sha11 be cumulative of all other rights of Beneficiary under the Credit
<br />Documents or otherwise.
<br />ARTICLE 4 - DEFAULT
<br />Section 4.1 Events of Default. The occurrence of anyone of the following sha11 be a default under
<br />this Deed of Trust (each a"default"):
<br />(a) Failure to Pay Obligations. Any of the Obligations is not timely paid when due, on demand or
<br />otherwise.
<br />(b) Nonperformance of Covenants. Any covenant, agreement or condition herein or in any other
<br />Credit Document (other than covenants otherwise addressed in another paragraph of this Section, such as covenants
<br />to pay the Obligations) is not fully and rimely perFormed, observed or kept, and any such failure under this Deed of
<br />Trust is not cured within forty five (45) days after written notice thereof and any such failure under any other Credit
<br />Document is not cured within the applicable grace period (if any) provided for herein or in such other Credit
<br />Document
<br />(c) Representations. Any statement, representation or wamanty in any of the Credit Documents, or in
<br />any financial statement or any other writing heretofore or hereafter delivered to Beneficiary in connection with the
<br />Obligations is false, misleading or erroneous in any material respect on the date hereof or on the date as of which
<br />such statement, representation or warranty is made, and such sta.tement, representation or warranty is not made true
<br />and correct (as of the time such corrective action is taken) within the applicable grace period (if any) provided for in
<br />such Credit Document.
<br />DOCS/1045503.1 11
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