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201108742
<br />DEED OF TRUST
<br />Loan No: 0428844947 (C011t111Ued) Page 9
<br />admissible as evidence of the document and the signer's execution.
<br />DEFINITION OF INDEBTEDNESS. The definition of "Indebtedness" herein inGudes, without limitation, all liabiliry of
<br />Borrower or other party having iYs obligations to Lender secured by this Deed of Trust, whether Iiqufdated or
<br />unliquidated, defined, contingent, conditionat or of any other nature whatsoever, and performance of all other
<br />obligations, arising under any swap, derivative, foreign exchange or hedge transaction or arrangement (or other similar
<br />transaction or arrangement howsoever described or defined) at any time entered into with Lender in connectlon with the
<br />Note.
<br />LEASES AND RENTS. Grantorlfrustor/Moftgagor presenUy assigns to Lender all of GrantodTrustoNMortgagor's right,
<br />title and interest in and to all present and future leases of the Property and all rents from the Property. This Assignment
<br />of Rents la given to secure (A) Payment of the Indebtedness and (B) PerFormance of any and all obligations under the
<br />No� and Mortgage/Deed of Trust Grantor/TrustoNMortgagor's present assignment to Lender hereunder is of all
<br />present and future leases inGudes all leases, licenses, rental agreements and other agreemeMs of any kind relating to
<br />the use or occupancy of any of the Property, together with all guarar�tees of and security for any tenanYs performance,
<br />and all extensfons, renewais and modiflcations thereto (as used in this paragraph, each, a"Lease" and collectively, the
<br />"Leases"), together with any and all Rents from the Property. 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 Grantorlfrustor/Mortgagor a license to colle�t 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 modiy any Lease or Rents, collect Rents and do any acts which Lender deems proper to protect the security hereof
<br />or exercise any other right or remedy hereunder. GrantorlfrustoNMortgagor 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 eny tenant of this assignment of the Leases and Rents. GrantorlfrustoNMortgagor agrees,
<br />at its expense, (i) to comply with and enforce att the terms and conditions under each Lease, and defend in any action in
<br />connection with any Lease; (fi) not to modify any Lease in any material respect, nor accept surrender under or terminate
<br />the term of any Lease, nor waive or release any tenant under any Lease; (iii) not to anticipate the Rents under any
<br />Lease; and (iv) 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 GrantorlfrustoNMOrtgagor under any Lease received from a tenant. Should
<br />GrantorlfrustoNMortgagor fail to do any act required to be done by Grantor/TrustoNMortgagor 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. GrantodTrustoNMortgagor agrees to pay to Lender immediately upon demand
<br />all sums expended under the authoriry hereof, induding reasonable attomeys' fees, together with interest thereon at the
<br />highest rate per annum payable under arry Indebtedness, and the same, at Lender's option, may be added to the
<br />Indebtedness and secured hereby.
<br />ASSOCIATION OF UNIT OWNER3. The following provisions apply if the Real Property has treen submitted to unit
<br />ownership law or similar law for the establishment of condominiums or cooperative ownership of the Real Property:
<br />A. Powar of Attomey. Trustor/Grantor grants an irrevocable power of attorney to Lender to vote in Lender's discretion
<br />on arry matter that may come before the association of unit owners. Lender shall have the right to exercise this power
<br />of attomey only after TrustoPs/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 assaciation 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. DeTault TrustoPs/GrantoPs failure to perfortn any of the obligations imposed on TrustoNGrantor 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 a�d such property has been submitted to unit ownership, any failure by TrustoNGrantor
<br />to perform any of the obligatfons imposed on TrustoNGrantor by the lease of the Real Property from its owner, any
<br />default under such lease which might resuR in termination of the lease as it pertains to the Real Property, or any faflure
<br />of TrustoNGrantor as a member of an assaciation of unit owners to take any reasonable action within
<br />Trustor's/GrantoPs power to prevent a defauk 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 />ENCUMBRANCES. Grantor/MortgagoNTrustor shall not, without Lender's consent, mortgage, assign, grant a lien upon
<br />or securiry interest in, or otherwise encumber the Property or any interest in the Property, or allow such a Ilen or
<br />security interest to exist or a�ise, whether voluntarity, involuntarity or by operetlon of law, except for liens and security
<br />interests in favor of Lender, or property taxes attributable to the Property which are not past due.
<br />APPRAISALS, FEES AND EXPENSES. Grantorlfrustor agrees that Lender may obtain appraisals and reappraisals and
<br />perform property evaluations and appraisal reviews of the Real Property when required by the regulations of the Federal
<br />Reserve Board or the Office of the CompVoller of the Currency, or any other regulatory agency, or at such other times
<br />as Lender may reasonably require. Appraisals shall be pertormed by an independent third party appraiser selected by
<br />Lender; property evaluations and appraisal reviews may be performed by third parry appraisers or appraisers and staff
<br />of Lender. The fees, expenses and other cost of such appraisals, reappraisais, property evaluations and appraisal
<br />reviews shall be paid by GrantoNTrustor. In addition, Grantorlfrustor shall be responsible for payment of all fees and
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