Laserfiche WebLink
g. All architectural, structural and mechanical plans, specifications, design <br />documents and studies produced in connection with development of the Land and rehabilitation <br />and construction of the Improvements (collectively, "Plans"); and <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 the rehabilitation and <br />construction of the 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 Loan Document as such may be modified, supplemented, amended, <br />renewed or extended. The Note, the Loan Agreement, the Regulatory Agreement, and this Deed <br />of Trust are hereinafter collectively referred to as the "Loan 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 <br />takes possession of the Property. The entering upon and taking possession of the Property, the <br />collection of such rents, issues, and profits, and the application thereof as aforesaid, shall not <br />cure or waive any default or notice of default hereunder or invalidate any act done pursuant to <br />such notice. If an Event of Default occurs while Beneficiary is in possession of all or part of the <br />Property and/or is collecting and applying Rents as permitted under this Deed of Trust, <br />Page 3 of 24 <br />REV: 05-29-19 VR <br />ATTY/AGR.2019.147/Redwood Oaks Associates 11 LP - Deed of Trust <br />