Laserfiche WebLink
201300074 <br /> herein granted to it, and Trustor expressly waives and releases any such liability. Should Beneficiary <br /> or any Person exercising rights on its behalf incur any such liability, loss or damage, under or by <br /> reason hereof, or in the defense of any claims or demands, Trustor agrees to reimburse Beneficiary <br /> and such Person,immediately upon demand(provided such demand is accompanied by an itemized <br /> statement)for the amount thereof,including costs.expenses and reasonable attorneys'fees,and any <br /> such obligations of Trustor shall be Obligations hereunder and shall survive any foreclosure or <br /> transfer in lieu of foreclosure of this Deed of Trust and the release of this Deed of Trust. <br /> SECTION 5.07. Assienment of Leases. (a) Subject to naraeranh (d) below, the <br /> assignments of the Leases and the Rents under Grantine Clauses VI and VII are and shall be present, <br /> absolute and irrevocable assignments by Trustor to Beneficiary and, subject to the license to Trustor <br /> under Section 5.07(b),Beneficiary or a Receiver appointed pursuant to Section 5.05(d) (as the case <br /> may be as the Person exercising the rights under this Section) shall have the absolute,immediate and <br /> continuing right to collect and receive all Rents now or hereafter, including during any period of <br /> redemption,accruing with respect to the Premises. At the request of Beneficiary or such Receiver, <br /> Trustor shall promptly execute,acknowledge,deliver,record,register and file any additional general <br /> assignment of the Leases or specific assignment of any Lease which Beneficiary or such Receiver <br /> may require from time to time (all in form and substance reasonably satisfactory to Beneficiary of <br /> such Receiver)to effectuate.complete,perfect,continue or preserve the assignments of the Leases <br /> and the Rents under Granting Clauses VI and VII. <br /> (b) As long as no Event of Default exists, Trustor shall have the right under a <br /> license granted hereby, subject to Section 5.07(c), to collect all Rents upon,but not prior to fifteen <br /> (15) days before, the due date thereof. <br /> (c) If any Event of Default exists,Beneficiary or Receiver appointed pursuant to <br /> Section 5.05(d)(as the case may be as the Person exercising the rights under this Section)shall have <br /> the right to do any of the following: (i)terminate the license granted under Section 5.07(b)by notice <br /> to Trustor(ii)exercise the rights and remedies provided to Trustor under the Site Lease;(iii)exercise <br /> the rights and remedies provided under Section 5.04, Section 5.05 or under applicable law; (iv) as <br /> attorney in fact or agent of Trustor,or in its own name as the Person exercising the rights under this <br /> Section and under the powers herein granted,hold,operate,manage and control the Premises and all <br /> other Mortgaged Property, either personally or by its agents, contractors or nominees, with full <br /> power to use such measures, legal or equitable, as in its discretion may be deemed proper and <br /> necessary to enforce the payment of any Rents, the Leases and other Mortgaged Property relating <br /> thereto(including actions for the recovery of Rent,actions in forcible detainer and actions in distress <br /> of Rent);(v)cancel or terminate any Lease or sublease for any cause or on any ground which would <br /> entitle Trustor to cancel the same; (vi) elect to disaffirm any Lease or sublease made subsequent <br /> hereto or subordinated to the lien hereof; and (vii) perform such other acts in connection with the <br /> management and operation of the Mortgaged Property as the Person exercising the rights under this <br /> Section in its discretion may deem proper. Trustor hereby granting full power and authority to <br /> exercise each and every one of the rights,privileges and powers contained herein at any and all times <br /> while an Event of Default exists without notice to Trustor. <br /> -20- <br />