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FREE RECORDING REQUESTED PURSUANT TO GOVERNMENT CODE SECTION 6103 & 27383 When Recorded Mail to: City of Santa Ana Clerk of the Council 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702 Attention: Clerk of the Council INCLUSIONARY LEASEHOLD DEED OF TRUST AND ASSIGNMENT OF RENTS (609 North Spurgeon St., Santa Ana, California) THIS INCLUSIONARY LEASEHOLD DEED OF TRUST AND ASSIGNMENT OF RENTS (the "Deed of Trust") made this 15a' day of December, 2020, by and between Legacy Square L.P., a California limited partnership (the "Trustor"), I (the "Trustee"), and the City of Santa Ana, a charter city and municipal corporation (the 'Beneficiary"). Capitalized terms not defined in this Deed of Trust shall have the meanings given such terms in the Agreement (defined in Section 1 below and in the Inclusionary Promissory Note). Trustor, in consideration of the promises herein recited and the trust herein created, irrevocably grants, transfers, conveys and assigns to Trustee, in trust, with power of sale, its leasehold interest in the property located in the City of Santa Ana, County of Orange, State of California, described in the attached Exhibit A and more commonly known as 609 North Spurgeon St., Santa Ana, California (to be re -designated as 301 East Santa Ana Boulevard) (the 'Property"); TOGETHER with all the improvements now or hereafter erected on the Property, and all easements, rights, appurtenances and all fixtures now or hereafter attached to the Property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by this hiclusionary Deed of Trust; provided that so long as Trustor is not in default hereunder, it shall be permitted to control the Property in accordance with the requirements of that certain Inclusionary Loan Agreement entered into between the Trustor and the Beneficiary, dated concurrently herewith, which Agreement is on file with the Beneficiary as a public record; TOGETHER with the right, power and authority during the continuance of this Trust, to collect the rents, issues, and profits of the Property, reserving unto the Trustor the right, prior to any default by Trustor in payment of the indebtedness secured by this Deed of Trust or in the performance of any agreement under this Deed of Trust, to collect and retain these rents, issues and profits as they become due and payable; and, TOGETHER with all articles of personal property or fixtures now or hereafter attached to or used in and about the building or buildings now erected, or hereafter to be erected, on the Property 1076A53\1379660.2 55A-84