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B The execution, delivery and performance of this Deed of Trust by Grantor and the obligation evidenced
<br />by the Evidence of Debt are within the power of Grmtor, have been duly authorized, have received all
<br />necessary governmental approval, and will not violate any provision of law, or order of court or
<br />governmental agency
<br />C Other than disclosed in writing Grantor has not changed its name within the last ten years and has not
<br />used any other trade or fictitious name Without Lender's prior written consent, Grantor does not and
<br />wilt not use any other name and will preserve its existing name, trade names and franchises until the
<br />Secured Debt is satisfied.
<br />t2. PROAGRTY CONDITION, ALTERAIIONS AND INSPECTION. Grantor will keep the Property in good
<br />condition and make all repairs that are reasonably necessary Grantor will give Lender prompt notice of any
<br />loss or damage to the Property. Grantor will keep the Property free of noxious weeds and grasses. Grantor
<br />will not initiate, join in or consent to any change in any private restrictive covenant, zoning ordinance or
<br />other public or private restriction limiting or defining the uses which may he made of the Property or any
<br />part of the Property, without Lender's prior written consent. Grantor will notify Lender of all demands,
<br />proceedings, claims, and actions against Gmntor or any other owner made under law or regulation regarding
<br />use, ownership and occupancy of the Property. Gramor will comply witlt all legal requirements and
<br />restrictions, whether public or private, with respect to the use of the Property Grantor also agrees that the
<br />nature of the occupancy and use will not change without Lender's prior written consent.
<br />No portion of the Property will he removed, demolished or materially altered without Lender's prior written
<br />consent except that Grantor has dte right to remove items of personal property comprising a part of the
<br />Property dtat become worn or obsolete, provided that such personal property is replaced with other personal
<br />property at least equal in value to the replaced personal property, free from any title retention device, security
<br />agreement or other encumbrance. Such replacement of personal property will 6e deemed subject to the
<br />security interest created by this Deed of Trust. Gramor shall not partition or subdivide the Property without
<br />Lender's prior written consent Lender or Lender's agents may, at Lender's option, enter the Properly at any
<br />reasonable time for the purpose of inspecting the Property Any inspection of the Property shall he entirely
<br />for Lender's benefit and Grantor will in no way rely on Lender's inspection.
<br />13. AUTHORITY TO PERPORhI. If Granmr fails to perform any of Grantor's duties under this Died of Trust,
<br />or :my other mortgage, deed of [rust, security agreement or other lien document thn[ bas priority Duct this
<br />Deed of Trust, Gender may, without notice, perlbrm the duties or rinse them to be performed. Granmr
<br />appoints Lender as attorney in fact to sign Grantor's name or pay any amount necessary for performance If
<br />any construction on the Property is discontinued or not carried an in a reasorrtble manner, Lender may do
<br />whatever is necessary to protect Lender's security interest in the Property This may include completing the
<br />construction.
<br />Lender's right to perform fbr Grantor shall not create an obligation to perform, and Lender's failure to
<br />perform will not preclude Lender from exercising any of Lender's other rights under dte law or this Deed of
<br />Trust Any amounts paid by Lender for insuring, preserving or otherwise protecting the Property and
<br />L.ender's security interest will be due on demand and will bear interest fiom the date of the payment until
<br />paid in full at the interest rate in eYfect from time to time according to the terms of the Evidence of Debt
<br />14.ASSCGNO~IGNT Or LEASES AND RENTS. Grantor irrevocably grants, conveys and sells to Trustee, in
<br />trust for the benefit of the Lender, as additional security all the right, title and interest in and to any and all:
<br />A Existing or future leases, subleases, licenses, guaranties and any other writen or verbs( agreements 1'or
<br />the use and occupancy of any portion of the Property, including any extensions, renewals,
<br />modifications or substitutions of such agreements (all referred to as "Leases").
<br />B. Rents, issues and profits (all referred to as "Rents"), including but not limited to security deposits,
<br />minimum rent, percentage rent, additional rent, common area maintenance charges, parking charges,
<br />real estate taxes, other applicable nixes, insurance premium contributions, liquidated damages
<br />following default, cancellation premiums, "loss of rents" insurance, guest receipts, revenues, royalties,
<br />proceeds, bonuses, accounts, contract rights, general intangibles, and all rights arttl claims which
<br />Grantor may have that in any way pertain to or are on an:onnt of the use or occupancy of the whole or
<br />any part of the Property
<br />Grantor will promptly provide Lender with true and correct copies of all existing and future Leases Grantor
<br />may collect, receive, enjoy and use the Rents so long as Gmntor is not in default Except for one month's
<br />rent, Grantor will not collect in advance any Iicnts due in future lease periods, unless Grntor first obtains
<br />Lender's written consent Upon default, Grantor will receive any Rents in trust for Lender and Gnmmr will
<br />not commingle the Rents with any other funds Any amounts collected shall be applied at L.ender's discretion
<br />to payments on the Secured Debt as therein provided, to costs of managing the Property, including, but not
<br />limited to, all taxes, assessments, insurance premiums, repairs, and commissions to rental agents, and to any
<br />other necessary related expenses including Lender's attorneys' fees, and court costs
<br />Grantor acknowledges that this assignment is immediately effective between the parties to this assignment and
<br />efi'ective as to third parties on the recording of [his Deed of Trust Grantor agrees that Lender is entitled to
<br />notify Gramor or Grtntor's tenants to make payments of Rents due or to become due directly to Lender after
<br />such recording, however Lender agrees not to notify Grantor's temm[s until Grantor defaults and Lender
<br />notifies Grantor of the default and demands that Granmr and Grantor's tenants pay all Rents due or to become
<br />due or to become due directly to Lender. On receiving the notice of default, Grantor will endorse and deliver
<br />to Lender any payments of Rent in Gmntor's possession
<br />Grantor warrants that no default exists under the Leases or any applicable landlord law Grantor also
<br />warrants and agrees to maintain, and to require the tenants to comply with, the Leases and any applicable
<br />law Grantor will promptly notify Lender of any noncompliance [f Grantor neglects or refuses to enforce
<br />compliance with the terms of the Leases, then Lender may, at Lenders option, enforce compliance Grantor
<br />will obmin Lender's written authorization before Gr:mtor consents to sublet, modify, cancel, or otherwise
<br />alter the Leases, to accept the surrender of the Property covered by such Leases (wdess the Leases so
<br />require), or to assign, compromise or encwnber the Ceases or any future Rents Grantor will bald Lender
<br />harmless and indemnity Lender 1'or any and all liability, loss or damage that Lender may incur as a
<br />consequence of the assignment under this section.
<br />1S CONDOMINIUMS; PLANNED UNtT DEVELOPPoIENTS. lF the Property includes a unit in a
<br />condominium or a planned unit development, Gmntor will perform all of Grantor's duties under the
<br />covenants, by-laws, or regulations of the condominium or planned unit development
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