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hereafter in existence: (a) accept or permit any prepayment, discount or advance rent payable
<br />thereunder; (b) cancel or terminate the same, or accept any cancellation, termination or
<br />surrender thereof, or permit any event to occur which would entitle the lessee thereunder to
<br />terminate or cancel the same; (c) amend or modify the same so as to reduce the term thereof,
<br />the rental payable thereunder, or to change any renewal provisions therein contained; (d) waive
<br />any default thereunder or breach thereof; (e) give any consent, waiver or approval thereunder or
<br />take any other action in connection therewith, or with a lessee thereunder, which would have the
<br />effect of impairing the value of lessor's interest thereunder on the Property, or of impairing the
<br />position or interest of the Trustee or Beneficiary; or (f) sell, assign, pledge, mortgage or
<br />otherwise dispose of, or encumber, any such lease or rents, issues or profits issuing or arising
<br />thereunder.
<br />Beneficiary shall have the right, power and authority during the continuance of this Deed
<br />of Trust to collect the rents, issues and profits of the Property and of any personal property
<br />located thereon with or without taking possession of the property affected hereby, and Trustor
<br />hereby absolutely and unconditionally assigns all such rents, issues and profits to Beneficiary.
<br />Beneficiary, however, hereby consents to the Trustor's collection and retention of such rents,
<br />issues and profits as they accrue and become payable so long as Trustor is not, at such times,
<br />in default as defined herein. Upon any such default, Beneficiary may at any time, either in
<br />person, by agent, or by a receiver to be appointed by a court, without notice and without regard
<br />to the adequacy of any security for the indebtedness hereby secured: (a) enter upon and take
<br />possession of the Property or any part thereof, and in its own name sue for or otherwise collect
<br />such rents, issues and profits, including those past due and unpaid, and apply the same, less
<br />costs and expenses of operation and collection, including reasonable attorney fees, upon any
<br />indebtedness secured hereby, and in such order as Beneficiary may determine; (b) perform
<br />such acts of repair or protection as may be necessary or proper to conserve the value of the
<br />Property; and (c) lease the same or any part thereof for such rental, term, and upon such
<br />conditions as its judgment may dictate, or terminate or adjust. the terms and conditions of
<br />existing leases. Unless Trustor and Beneficiary agree otherwise in writing, any application of
<br />rents, issues or profits to any indebtedness secured hereby shall not extend or postpone the
<br />due date of the payments as provided in the Note. The entering upon and taking possession of
<br />the Property, the collection of such rents, issues and profits, and the application thereof as
<br />described herein, shall not waive or cure any default or notice of default hereunder, or invalidate
<br />any act done pursuant to such notice. Trustor also assigns to Beneficiary, as further security for
<br />the performance of the Obligations secured hereby, all prepaid rents and all monies which may
<br />have been or may hereafter be deposited with Trustor by a lessee of the Property, to secure the
<br />payment of any rent, and upon default in the performance of any of the provisions hereof,
<br />Trustor agrees to deliver such rents and deposits to the Beneficiary. Delivery of written notice of
<br />Beneficiary's exercise of the rights granted herein, to any tenant occupying the Property or any
<br />portion thereof shall be sufficient to require said tenant to pay said rent to the Beneficiary until
<br />further notice.
<br />8. Events of Default. Any of the following events shall be deemed an event of
<br />default hereunder:
<br />due;
<br />4831 -6145- 0517.1
<br />2©1307649
<br />(a) Trustor shall fail to pay the principal or interest of the Obligations when
<br />(b) Either Trustor shall file a voluntary petition in bankruptcy or shall be
<br />adjudicated as bankrupt or insolvent, or shall file any petition or answer seeking or
<br />acquiescing in any reorganization, arrangement, composition, readjustment, liquidation,
<br />
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