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200000�79 <br /> any personal property located thereon with or without taking <br /> possession of the property affected hereby, and Trustor hereby <br /> absolutely and unconditionally assigns all such rents, issues and <br /> profits to Beneficiary. Beneficiary, however, hereby consents to <br /> the Trustor' s collection and retention of such rents, issues and <br /> profits as they accrue and become payable so long as Trustor is <br /> not, at such time, in default with respect to payment of any <br /> indebtedness secured hereby, or in the performance of any <br /> agreement hereunder. Upon any such default, Beneficiary may at <br /> any time, either in person, by agent, or by a receiver to be <br /> appointed by a court, without notice and without regard to the <br /> adequacy of any security for the indebtedness hereby secured, (a) <br /> enter upon and take possession of the Property or any part <br /> thereof, and in its own name sue for or otherwise collect such <br /> rents, issues and profits, including those past due and unpaid, <br /> and apply the same, less costs and expenses of operation and <br /> collection, including reasonable attorneys fees, upon any <br /> indebtedness secured hereby, and in such order as Beneficiary may <br /> determine; (b) perform such acts of repair or protection as may <br /> be necessary or proper to conserve the value of the Property; (c) <br /> lease the same or any part thereof for such rental, term, and <br /> upon such conditions as its judgment may dictate or terminate or <br /> adjust the terms and conditions of any existing lease or leases . <br /> Unless Trustor and Beneficiary agree otherwise in writing, any <br /> application of rents, issues or profits to any indebtedness <br /> secured hereby shall not extend or postpone the due date of the <br /> installment payments as provided in said promissory note or <br /> change the amount of such installments . The entering upon and <br /> taking possession of the Property, the collection of such rents, <br /> issues and profits, and the application thereof as aforesaid, <br /> shall not waive or cure any default or notice of default <br /> hereunder, or invalidate any act done pursuant to such notice. <br /> Trustor also assigns to Beneficiary, as further security for the <br /> performance of the obligations secured hereby, all prepaid rents <br /> and all monies which may have been or may hereafter be deposited <br /> with said Trustor by any lessee of the Property, to secure the <br /> payment of any rent or damages, and upon default in the <br /> performance of any of the provisions hereof, Trustor agrees to <br /> deliver such rents and deposits to Beneficiary. Delivery of <br /> written notice of Beneficiary' s exercise of the rights granted <br /> herein, to any tenant occupying said premises shall be sufficient <br /> to require said tenant to pay said rent to the Beneficiary until <br /> further notice. <br /> 9. Condemnation. If title to any part of the Property <br /> shall be taken in condemnation proceedings, by right of eminent <br /> domain or similar action, or shall be sold under threat of <br /> condemnation, all awards, damages and proceeds are hereby <br /> assigned and shall be paid to Beneficiary who shall apply such <br /> awards, damages and proceeds to the sum secured by this Deed of <br /> Trust, with the excess, if any, paid to Trustor. If Trustor <br /> 5 <br />