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201203312
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Last modified
7/9/2017 8:04:31 PM
Creation date
4/30/2012 9:29:16 AM
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DEEDS
Inst Number
201203312
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201203312 <br />such Trustee alone; and either Trustee may act by agent or attorney. It is not necessary for <br />either Trustee to be personally present at any foreclosure sale. <br />15. Assignment of Rents. Grantor hereby assigns to Trustee, for the benefit of the <br />Beneficiary, the Rents as further security for the payment and performance of the Obligations, <br />and Grantor grants to Trustee and Beneficiary the right to enter the Trust Property for the <br />purpose of collecting the same and to let the Trust Property or any part thereof, and to apply the <br />Rents on account of the Obligations. The foregoing assignment and grant is present and absolute <br />and shall continue in effect until the Obligations are paid and performed in full, but Beneficiary <br />and Trustee hereby waive the right to enter the Trust Property for the purpose of collecting the <br />Rents and Grantor shall be entitled to collect, receive, use and retain the Rents until the <br />occurrence of and during the continuance of an Event of Default; such right of Grantor to collect, <br />receive, use and retain the Rents may be revoked by Beneficiary upon the occurrence of and <br />during the continuance of any Event of Default under this Deed of Trust by giving not less than <br />five days' written notice of such revocation to Grantor; in the event such notice is given, Grantor <br />shall pay over to Beneficiary, or to any receiver appointed to collect the Rents, any lease security <br />deposits, and shall pay monthly in advance to Beneficiary, or to any such receiver, the fair and <br />reasonable rental value as determined by Beneficiary for the use and occupancy of the Trust <br />Property or of such part thereof as may be in the possession of Grantor or any affiliate of <br />Grantor, and upon default in any such payment Grantor and any such affiliate will vacate and <br />surrender the possession of the Trust Property to Beneficiary or to such receiver, and in default <br />thereof may be evicted by summary proceedings or otherwise. <br />16. Trust Funds. All lease security deposits of the Real Estate shall be treated as trust <br />funds. Within ten (10) days after request by Beneficiary, Grantor shall furnish Beneficiary <br />satisfactory evidence of compliance with this subsection, together with a statement of all lease <br />security deposits by lessees and copies of all Leases not previously delivered to Beneficiary, <br />which statement shall be certified by Grantor. <br />17. Additional Rights. The holder of any subordinate lien on the Trust Property shall <br />have no right to terminate any Lease whether or not such Lease is subordinate to this Deed of <br />Trust nor shall any holder of any subordinate lien or subordinate deed of trust join any tenant <br />under any Lease in any trustee's sale or action to foreclose the lien or modify, interfere with, <br />disturb or terminate the rights of any tenant under any Lease. By recordation of this Deed of <br />Trust all subordinate lienholders and the trustees and beneficiaries under subordinate deeds of <br />trust are subject to and notified of this provision, and any action taken by any such lienholder or <br />trustee or beneficiary contrary to this provision shall be null and void. Upon the occurrence of <br />and during the continuance of any Event of Default, Beneficiary may, in its sole discretion and <br />without regard to the adequacy of its security under this Deed of Trust, apply all or any part of <br />any amounts on deposit with Beneficiary under this Deed of Trust against all or any part of the <br />Obligations. Any such application shall not be construed to cure or waive any Default or Event <br />of Default or invalidate any act taken by Beneficiary on account of such Default or Event of <br />Default. <br />18. Notices. All notices, requests, demands and other communications hereunder <br />shall be given in accordance with the provisions of the Indenture. <br />
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