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201204305
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201204305
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Last modified
6/5/2012 4:40:49 PM
Creation date
5/31/2012 8:56:15 AM
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DEEDS
Inst Number
201204305
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201204305 <br />THIRD: That as further security for the payment of the Note and the <br />indebtedness thereby evidenced and the performance of all of the terms, covenants <br />and conditions hereof, Trustor agrees that Beneficiary shall and does hereby have the <br />right, power and authority during the continuance of this Deed of Trust to collect the <br />rents, issues and profits of the Property and of any personal property located thereon <br />with or without taking possession of the property affected thereby; and Trustor <br />hereby absolutely and unconditionally assigns all such rents, issues and profits to <br />Beneficiary. Beneficiary, however hereby consents to Trustor's collection and <br />retention of such rents, issues and profits as they accrue and become payable so long <br />as Trustor is not at such time in default with respect to payment of any indebtedness <br />secured hereby or in. the performance of any agreement hereunder. Upon any such <br />default, Beneficiary may at any time, either in person, by agent, or by receiver to be <br />appointed by a court without notice and without regard to the adequacy of any <br />security The indebtedness hereby secured (a) enter upon and take possession of the <br />Property or any part thereof and in its own name sue for or otherwise collect such <br />rents, issues and profits, including those past due and unpaid, and apply The same, <br />less costs and expenses of operation and collection, including reasonable attorney <br />fees, upon any indebtedness secured hereby and in such order as Beneficiary may <br />determine; (b) lease the same or any part thereof for such rental, term and upon such <br />conditions as Beneficiary's judgment may dictate or terminate or adjust the terms <br />and conditions, of any existing lease or leases. Unless Trustor and Beneficiary agree <br />otherwise in writing and any application of rents, issues or profits to any <br />indebtedness secured hereby shall not extend or postpone the due date of the <br />installment payments as provided in the Note or change the amount of such <br />installments. The entering upon and taking possession of the Property, the collection <br />of such rents, issues and profits, and the application thereof as aforesaid, shall not <br />waive or cure any default or notice of default hereunder, or invalidate any act done <br />pursuant to such notice. Trustor assigns to Beneficiary, as further security for the <br />performance of the indebtedness and obligations secured hereby, all prepaid rents <br />and all moneys which may have been or may hereafter be deposited with Trustor by <br />any lessee of the Property, to secure the payment of any rent or damages, and upon <br />default in the performance of any of the provisions hereof, Trustor agrees to deliver <br />such rents and, deposits to Beneficiary. Delivery of written notice of Beneficiary's <br />exercise of the rights granted by this paragraph THIRD to any tenant occupying the <br />Property or any portion thereof shall be sufficient to require said tenant to pay said <br />rent to Beneficiary until further notice. So long as Trustor is not in default of any <br />indebtedness secured hereby, the Trustor shall be entitled to the rental payments for <br />
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