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20120i420 right to any hearing or notice of hearing prior to the appointment of a receiver. All rents, issues, profits, income and revenue from the Premises sha11 be applied by such receiver to the payment first of the fees and costs of such receivership proceeding and then to the Indebtedness. The balance remaining, if any, shall be disposed of in accordance with the orders and directions of the court. The fees of any such receiver, attorneys' fees incurred in appointment of the receiver and administration of the receivership estates and all costs, including court costs, shall be the liability of the Grantor, its successors and assigns, shall be due and payable upon demand and shall become so much additional indebtedness secured hereby. Failure to pay said fees and costs upon demand shall be in breach of the terms of this Deed of Trust. The rights of Beneficiary under this paragraph shall be in addition to and not in lieu of any rights existing by virtue of a separate assignment of leases, rents and other income. Should any part of the Mortgaged Property come into the possession of Beneficiary or a receiver, whether before or after an Event of Default, Beneficiary or the receiver and receiver's agents shall be empowered: (a) To take possession of the Mortgaged Property and any business conducted by Grantor or any other person thereon and any business assets used in connection therewith and any Mortgaged Property in which Beneficiary has a security interest granted by Grantor and, if the receiver deems it appropriate, to operate the same; (b) To exclude Grantor and Grantor's agents, servants, and employees from the Mortgaged Property; (c) With or without taking possession of the Mortgaged Property, to collect the rents, issues or profits related to the Mortgaged Property, including those past due and unpaid and security deposits; (d) To rent, lease or let all or any portion of the Mortgaged Property to any party or parties at such rental and upon such terms as the Beneficiary shall, and to pay any leasing or rental commissions associated therewith in its discretion, determine; (e) To perform any obligations under any contracts or agreements with respect to the Premises or Mortgaged Property; (� To do such maintenance and make such repairs and alterations as the receiver deems necessary; (g) To use all stores of materials, supplies and maintenance equipment on the Premises and to replace and replenish such items at the expense of the receivership estate; (h) To pay the operating expenses of the Mortgaged Property, including costs of management and leasing or marketing thereof (which shall include lease commissions, sale commissions); 12187-5273/LEGAL17750578.4 5/1/ 1012