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<br />4860-6036-3710v2
<br /> f. All revenues, income, rents, royalties, payments and profits produced by the
<br />Land, Improvements, Appurtenances and Equipment, whether now owned or hereafter acquired
<br />by Trustor (“Gross Revenues”);
<br /> g. All architectural, structural and mechanical plans, specifications, design
<br />documents and studies produced in connection with development of the Land and construction of
<br />the Improvements (collectively, “Plans”); and
<br />
<br /> h. All interests and rights in any private or governmental grants, subsidies, loans or
<br />other financing provided in connection with development of the Land and construction of the
<br />Improvements (collectively, “Financing”).
<br />All of the above-referenced interests of Trustor in the Land, Improvements, Appurtenances,
<br />Equipment, Leases, Rents, Proceeds, Gross Revenues, Plans and Financing as hereby conveyed
<br />to Trustee or made subject to the security interest herein described are collectively referred to
<br />herein as the “Property.”
<br />2. Obligations Secured. This Deed of Trust is given for the purpose of securing payment
<br />and performance of the following (collectively, the “Secured Obligations”): (i) all present and
<br />future indebtedness evidenced by the Note and any amendment thereof, including principal,
<br />interest and all other amounts payable under the terms of the Note; (ii) all present and future
<br />obligations of Trustor to Beneficiary under the Loan Documents (defined below); (iii) all
<br />additional present and future obligations of Trustor to Beneficiary under any other agreement or
<br />instrument acknowledged by Trustor (whether existing now or in the future) which states that it
<br />is or such obligations are, secured by this Deed of Trust; (iv) all obligations of Trustor to
<br />Beneficiary under all modifications, supplements, amendments, renewals, or extensions of any of
<br />the foregoing, whether evidenced by new or additional documents; and (v) reimbursement of all
<br />amounts advanced by or on behalf of Beneficiary to protect Beneficiary’s interests under this
<br />Deed of Trust or any other City Document. The Ground Lease, the Note, the Regulatory
<br />Agreement, and this Deed of Trust as any of the foregoing instruments may be modified,
<br />supplemented, amended, renewed, or extended, are herein collectively referred to as the “City
<br />Documents.”
<br />3. Assignment of Rents, Issues, and Profits. Trustor hereby irrevocably, absolutely,
<br />presently and unconditionally assigns to Beneficiary the Rents, royalties, issues, profits, revenue,
<br />income and proceeds of the Property. This is an absolute assignment and not an assignment for
<br />security only. Beneficiary hereby confers upon Trustor a license to collect and retain such Rents,
<br />royalties, issues, profits, revenue, income and proceeds as they become due and payable prior to
<br />any Event of Default hereunder. Upon the occurrence of any such Event of Default, Beneficiary
<br />may terminate such license without notice to or demand upon Trustor and without regard to the
<br />adequacy of any security for the indebtedness hereby secured, and may either in person, by
<br />agent, or by a receiver to be appointed by a court, enter upon and take possession of the Property
<br />or any part thereof, and sue for or otherwise collect such rents, issues, and profits, including
<br />those past due and unpaid, and apply the same, less costs and expenses of operation and
<br />collection, including reasonable attorneys’ fees, to any indebtedness secured hereby, and in such
<br />order as Beneficiary may determine. Beneficiary’s right to the rents, royalties, issues, profits,
<br />revenue, income and proceeds of the Property does not depend upon whether or not Beneficiary
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