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20]205288
<br />Lease, and (iv) not to waive or release any lessee or tenant of or from any Lease obligations. Trustor
<br />assigns to Beneficiary all of Trustors right and power to modify the terms of any Lease, to accept a
<br />surrender under or terminate the term of or anticipate the Rents under any Lease, and to waive or release
<br />any lessee or tenant of or from any Lease obligations, and any attempt on the part of Trustor to exercise
<br />any such rights or powers without Beneficiary's prior written consent shall be a breach of the terms
<br />hereof.
<br />(b) At Trustor's sole cost and expense, to defend any action in any manner connected with any
<br />Lease or the obligations thereunder, and to pay all costs of Beneficiary or Trustee, including reasonable
<br />attorneys' fees, in any such action in which Beneficiary or Trustee may appear.
<br />(c) That, should Trustor fail to do any act required to be done by Trustor under a Lease, then
<br />Beneficiary or Trustee, but without obligation to do so and without notice to Trustor and without releasing
<br />Trustor from any obligation hereunder, may make or do the same in such manner and to such extent as
<br />Beneficiary or Trustee deems necessary to protect the security hereof, and, in exercising such powers,
<br />Beneficiary or Trustee may employ attorneys and other agents, and Trustor shall pay necessary costs
<br />and reasonable attorneys' fees incurred by Beneficiary or Trustee, or their agents, in the exercise of the
<br />powers granted herein. Trustor shall give prompt notice to Beneficiary of any default by any lessee or
<br />tenant under any Lease, and of any notice of default on the part of Trustor under any Lease received from
<br />a lessee or tenant thereunder, together with an accurate and complete copy thereof.
<br />(d) To pay to Beneficiary immediately upon demand all sums expended under the authority
<br />hereof, including reasonable attorneys' fees, together with interest thereon at the highest rate per annum
<br />payable under any Secured Obligation, and the same, at Beneficiary's option, may be added to any
<br />Secured Obligation and shall be secured hereby.
<br />3.3 License. Beneficiary confers upon Trustor a license ("License") to collect and retain the
<br />Rents as, but not before, they come due and payable, until the occurrence of any Default. Upon the
<br />occurrence of any Default, the License shall be automatically revoked, and Beneficiary or Trustee may, at
<br />Beneficiary's option and without notice, either in person or by agent, with or without bringing any action, or
<br />by a receiver to be appointed by a court: (a) enter, take possession of, manage and operate the Subject
<br />Property or any part thereof; (b) make, cancel, enforce or modify any Lease; (c) obtain and evict tenants,
<br />fix or modify Rents, and do any acts which Beneficiary or Trustee deems proper to protect the security
<br />hereof; and (d) either with or without taking possession of the Subject Property, in its own name, sue for
<br />or otherwise collect and receive all Rents, including those past due and unpaid, and apply the same in
<br />accordance with the provisions of this Deed of Trust. The entering and taking possession of the Subject
<br />Property, the collection of Rents and the application thereof as aforesaid, shall not cure or waive any
<br />Default, nor waive, modify or affect any notice of default hereunder, nor invalidate any act done pursuant
<br />to any such notice. The License shall not grant to Beneficiary or Trustee the right to possession, except
<br />as provided in this Deed of Trust.
<br />ARTICLE IV. RIGHTS AND DUTIES OF THE PARTIES
<br />4.1 Title. Trustor warrants that, except as disclosed to Beneficiary prior to the date hereof in a
<br />writing which refers to this warranty, Trustor lawfully possesses and holds fee simple title to, or if
<br />permitted by Beneficiary in writing a leasehold interest in, the Subject Property without limitation on the
<br />right to encumber, as herein provided, and that this Deed of Trust is a valid lien on the Subject Property
<br />and all of Trustor's interest therein.
<br />4.2 Taxes and Assessments. Subject to the right of Trustor to contest payment of the following
<br />pursuant to Section 4.7 of the Credit Agreement (as defined in Section 5.1 below), Trustor shall pay prior
<br />to delinquency all taxes, assessments, levies and charges imposed: (a) by any public or quasi -public
<br />authority or utility company which are or which may become a lien upon or cause a loss in value of the
<br />COMMNEOEED_NE.DOC (Rev. 02110) -,y_
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