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��15����� <br /> exercised without taking passession of fihe Subject Property. Trustor agrees ta�xecu#e and deli�e�to <br /> Beneficiary, withEn f��e �5�days of Beneficiary's wrEtten request, such additivnal documents as Beneficiary <br /> or Trustee may reasanabiy request to fu�#her evidence thezassignment to B�neficiary of any and all <br /> Leases and Rents. Beneficiary or Trustee, at Beneficiary's option and w�thout notic�, may natify any <br /> lesse�or fenant of#his assignment of fhe Leases and Rents. <br /> 3.� Prote�tio_n of Security. To protect the secur�ty af fh�s assignm�nt, Trustor agrees: <br /> �a} At Trustor's svle cost and �xpense: �i}ta perform each�bligation to be perform�d by fhe <br /> I�ssor or landlord und�r each Lease and to enforce or s�cure the perFormance of each nbliga�ion to be <br /> performed by the lessee or�enant under each Lease; �ii} not ta modify any Lease in any material respect, <br /> nor accep#surrender under or terminate the term af any Lease; �iii} no#to anticipate�he Rents under any <br /> Lease; and �i�} not tv wai�e or release any lessee vr tenant af or f�om any Lease obligations. Trustar <br /> assigns to Beneficiary all vf Trustor's right and power to modify the terms of any Lease, ta accept a <br /> surrender under or termina�e the term of or an#�cipate the Rents unde�any L�ase, and to wai�e or release <br /> any lessee or�enant of or f�om any Lease abl iga�ions, and any a#tem pt on the part of Trustor to�xercise <br /> any such rights or powers wi�nout Beneficiary's prior written consent shall be a breach of the terms <br /> hereof. <br /> ��} At Trustor's sole cos�and �xpense, to defend any action in any manner conn�cted with any <br /> Leas�or#h� obligations thereunder, and tv pay all costs af Benefi�iary or Trustee, includEng reasonabl� <br /> attorneys'fees, in any such action in which Beneficiary or Trustee may appear. <br /> �c} That, shvuld Trusto�fai!ta do any ac�required �o be done by Trusfv�under a Lease, then <br /> Beneficiary or Trus#�e, but wifhout obligation to do sv and withou# no#ice�o Trustor and without releasing <br /> Trustor from any obligafion hereunder, may make�r do the sam� in such manner and ta such exten�as <br /> 8enefi�iary or Trus#ee deems necessa�y to protect the s�curity hereof, and, in exercising such powers, <br /> Beneficiary or Trus��e may emp�ay attorneys and other agents, and Trustor shal! pay necessar�y costs <br /> and reasonable attorneys'fees incurred by Benefic�ary o�Trustee, or their agents, in the exerc�se of the <br /> po►�vers g�ant�d herein. Trustar shall gi�e prompf notice to BenefEciary of any default by any lessee or <br /> tenant un�er any Lease, and �f any noti�� of default on the par#of Trustvr under any Lease recei�ed from <br /> a lesse�or tenant thereunder, together with an accurate and complet�copy�hereof. <br /> �d} To pay to Benef�ciary immediately upon demand all sums expended under�he authority <br /> hereof, including reasvnable attvrneys'fees, toge�he�with interesf there�n at the highest rate per annum <br /> payable und�r any Secured �bliga�ion, and #he sam�, at Benef'rciary's option, may be added#o any <br /> 5ecured �bligatian and shall be secured hereby. <br /> 3.3 License. Beneficiary Gonfers upon Trus#or a license�"L�cense"}to collect and retain the <br /> Rents as, but no# before, they come due and payab�e, un#i�the occurrenc��f any Default. Upon the <br /> vccurrence vf any Defaul#, th� License shali be automatically re�oked, and Beneficiary or Trustee may, at <br /> Beneficiary's op#ion and without na�ice, either in person or by agent, with or with�uf bringing any action, vr <br /> by a rece��er tv be appointed by a court: (a} en#er, take pnssession of, manage and vperat�the 5ub�ecf <br /> Proper#y or any part#hereof; [�} make, cancef, �nfor�e ar mod�fy any Lease; �c}obtain and e�Ect tenants, <br /> fix or mvdify Renfs, and do any acts which Beneficiary or Trus�ee d�ems praper to pr�tect the security <br /> hereof; and �d}either with or withou#taking p�ssession of the Subject Prope�ty, in �ts own name, sue fvr <br /> or vtherwise co!lect and rece��e a�! Rents, including those past due and unpaid, and apply the same in <br /> accordance with the prv��sivns af th�s De�d of Trust. The entering and taking possessivn of�he Subject <br /> Prop�r#y, the caliection vf Ren#s and the application#her�of as afvresaid, shall nvt cure or wai�e any <br /> Default, nvr wai�e, modify vr affect any nvtice�f default he�eunder, nor in�alidate any act dane pursuant <br /> f�any su�h notice. The Lic�nse shall not grant to Beneficiary or Trustee the right ta passession, except <br /> as pro�ided in this Deed of Trust. <br /> -4- <br />