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<br />DEED OF TRUST
<br />Loan No: 2935477005 (COntinUed) Page 9
<br />of Lender. The fees, expenses and other cost of such appraisals, reappraisals, property evaluations and appraisal
<br />reviews shall be paid by Grantorlfrustor. In addition, GrantodTrustor shali be responsible for payment of all fees and
<br />expenses of Lender and third parties relating to inspecting the Real Property, environmental review, title policies and
<br />endorsements (or title searches, abstracts of title or legal opinions of title where applicable), and monitoring the
<br />payment of property taxes, and any governmental taxes, fees and recording costs relating to this deed.
<br />LEASES AND RENTS. Grantor/Trustor/Mortgagor presently assigns to Lender all of GrantorlTrustor/Mortgagor's right,
<br />title and interest in and to all present and fut�re leases of the Property and all rents from the Property. This Assignment
<br />of Rents is given to secure (A) Payment of the Indebtedness and (B) Performance of any and aii obligations under the
<br />Note and Mortgage/Deed of Trusk Grantor/Trustor/Mortgagor's present assignment to Lender hereunder is of all
<br />present and future leases includes all leases, licenses, rental agreements and other agreements of any kind relating to
<br />the use or occupancy of any of the Property, together with all guarantees of and security for any tenant's pertortnance,
<br />and all extensions, renewals and modifications thereto (as used in this paragraph, each, a"Lease" and collectively, the
<br />"Leases"), together with any and all Rents from the Properry. This assignment shall not impose upon Lender any duty
<br />to produce Rents, nor cause Lender to be a"mortgagee in possession," or responsible for performing any of the
<br />obligations of the lessor under any Lease. Lender confers upon Grantor/TnrsloNMortgagor a license to collect and
<br />retain the Rents as they come due, until the occurrence of any Event of Default, at which time the license shall be
<br />automatically revoked, and Lender, or its designated agent may, at its option and without notice, make, cancel, enforce
<br />or modify any Lease or Rents, collect Rents and do any acts which Lender deems proper to protect the securiry hereof
<br />or exercise any other right or remedy hereunder. Grantor/Trustor/Mortgagor represents and warrants that there exists
<br />no material default under present Leases and that those Leases are in full force and effect. lender, at its option and
<br />without notice, may notify any tenant of this assignment of the Leases and Rents. Grantor/Trustor/MoKgagor agrees,
<br />at its expense, (i) to comply with and enforce all the terms and conditions under each Lease, and defend irt any action in
<br />connection with any Lease; (ii) not to modify any Lease in any material respect, nor accept sunender under or lerminate
<br />the term of any Lease, nor waive or release any tenant under any Lease; (iii) noi to anticipate the Rents under any
<br />tease; and (ivj to give prompt notice to Lender of any default by any tenant under any Lease, and of any notice of
<br />default on the part of Grantor/Trustor/Mortgagor under any Lease received from a tenant. Should
<br />GrantorlTrustor/Mortgagor fai! to do any act required to be done by GrantorlTrustor/Mortgagor hereunder, then Lender,
<br />at its option and without notice, may make or do the same in such manner and to such extent as Lender deems
<br />necessary to protect the security hereof. Granto�/Trustor/Mortgagor agrees to pay to Lender immediately upon demand
<br />all sums expended under the authoriry hereof, including reasonable attomeys' fees, together with interest thereon at the
<br />highest rate per annum payable under any Indebtedness, and the same, at Lender's option, may be added to the
<br />Indebtedness and secured hereby.
<br />ASSOCIA7IQN OF UNIT OWNERS. The following provisions apply if the Real Property has been submitted to unit
<br />ownership law or similar law for the establishment of condominiums or cooperative ownership of the Real Property:
<br />A. Power of Attomey. Tnistor/Grantor grants an irrevocable power of attomey to Lender to vote in Lender's discretion
<br />on any matter that may come before the association of unit owners. Lender shaii have the right to exercise this power
<br />of attorney only after Trvstor's/Grantor's default; however, Lender may decline to exercise this power as Lender sees
<br />fit.
<br />B. Insurance. The insurance as required herein may be carried by the association of unit owners on Trustor's/Grantor's
<br />behalf, and the proceeds of such insurance may be paid to the association of unit owners for the purpose of repairing or
<br />reconstructing the Property. If not so used by the association, such proceeds shall be paid to Lender.
<br />C. Default. Trustor's/Grantor's failure to perform any of the obligations imposed on Trustor/Grantor by the deGaration
<br />submitting the Real Property to unit ownership, by the bylaws of the association of unit owners, or by any rules or
<br />regulations thereunder, shall be an event of default under this Deed of Trust. If Trustor's/Grantor's interest in the Real
<br />Property is a leasehold interest and such property has been submitted to unit ownership, any failure by TrustoNGrantor
<br />to perform any of the obligations imposed on Trustor/Grantor by the lease of the Real Property from its owner, any
<br />defauit under such lease which might result in termination of the lease as it pertains to the Real Property, or any failure
<br />of Trustor/Grantor as a member of an association of unit owners to take any reasonable action within
<br />Trustor's/Grantor's power to prevent a default under such lease by the association of unit owners or by any member of
<br />the association shall be an Event of Default under this Deed of Trust.
<br />AR8lTRATlON AGREEMENT. Arbitration - BindinQ Arbitration. Lender and each party to this agreement hereby agree,
<br />upon demand by any party, to submit any Dispute to binding arbitration in accordance with the terms of this Arbitration
<br />Program. Arbitration may be demanded before the institution of a judicial proceeding, or during a judicial proceeding,
<br />but not more than 60 days after service of a complaint, third party complaint, cross-claim, or any answer thereto, or
<br />any amendment to any of such pieadings. A"Dispute" sha�l include any dispute, ciaim or controversy of any kind,
<br />whether in contract or in tort, legai or equitable, now existing or hereafter arising, retating irt any way to any aspect of
<br />this agreement, or any related agreement incorporating this Arbitration Program (the "Documents"), or any renewal,
<br />extension, modification or refinancing of any indebtedness or obligation relating thereto, including without limitation,
<br />their negotiation, execution, collateralization, administration, repayment, modification, extension, substitution,
<br />formation, inducement, enforcement, default or termination. DISPUTES SUBMITTED TO ARBITRATION ARE NOT
<br />RESOLVED !N COURT BY A JUDGE OR JURY: TO THE EXTENT ALLOWED BY APPLICABLE LAW, THE PARTIES
<br />lRREVOCABLY AND VOLUNTARILY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO
<br />ANY DISPUTE ARBITRATED PURSUANT TO THIS ARBITRATION PROGRAM.
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