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accounts of Trustor relating to the possession and operation of the Subject Property; (iii) to conduct, either
<br />personally or by its agents, the business of the Property; (iv) to exercise all rights of Trustor with respect to the
<br />Subject Property, including, without limitation, the right to sue for or otherwise collect the Rents, including those
<br />that are unpaid; (v) to complete any alteration or restoration in progress on the Property at the expense of Trustor at
<br />reasonable and customary cost or at such cost previously agreed to by Trustor, and (vi) to apply all income of the
<br />Property less the necessary or appropriate expenses of collection thereof, either for the operation, care and
<br />preservation of the Property, or, at the election of the Person exercising the rights under this Section in its sole
<br />discretion, as provided in Section 5.9 hereof. The Person exercising the rights under this Section is also hereby
<br />granted full and complete authority while any Event of Default exists (vii) to employ watchmen to protect the
<br />Subject Property; (viii) to continue any and all outstanding contracts for the erection and completion of
<br />Improvements to the Property; (ix) to make all necessary and proper repairs, renewals, replacement alterations,
<br />additions, betterments and improvements to the Property that, in its sole discretion, it may deem appropriate; (x) to
<br />insure and reinsure the Property for all risks incidental to Beneficiary's possession, operation and management
<br />thereof, (xi) to make and enter into any contracts or obligations wherever necessary in its own name for the
<br />operation, care and preservation of the Subject Property, and (xii) to pay and discharge all debts, obligations and
<br />liabilities incurred thereby, all at the expense of Trustor. The Person exercising the rights under this Section shall
<br />not be liable to account for any action taken hereunder, and shall not be liable for any loss sustained by Trustor
<br />resulting from any act or omission of such Person, except to the extent such loss is caused by such Person's willful
<br />misconduct or gross negligence. All such expenditures by the Person exercising the rights under this Section shall
<br />be Obligations hereunder.
<br />SECTION 5.5. Foreclosure: Receiver. While any Event of Default exists, Beneficiary and
<br />Trustee, with or without entry, shall also have the following rights:
<br />(a) to institute a proceeding or proceedings, by advertisement, judicial process or otherwise,
<br />as provided under applicable law, for the complete or partial foreclosure of this Deed of Trust or the complete or
<br />partial sale of the Subject Property under the power of sale hereunder or under any applicable provision of law;
<br />(b) to sell the Subject Property and all estate, right, title and interest of Trustor therein as a
<br />whole or in separate parcels, at one or more sales, at such time and place and upon such terms and conditions as
<br />may be required by applicable law;
<br />(c) to take such steps to protect and enforce rights, whether by action, suit or proceeding in
<br />equity or at law, for the specific performance of any provision in the Loan Documents, or in aid of the execution of
<br />any power herein granted, or for any foreclosure hereunder, or for the enforcement of any other appropriate legal or
<br />equitable remedy Beneficiary shall elect;
<br />(d) to apply for the appointment of a receiver, supervisor, trustee, liquidator, conservator or
<br />other custodian (a "Receiver ") of the Subject Property or any part thereof and all earnings, revenues, Rents, issues,
<br />profits and income thereof, to the extent permitted by law without giving notice to any other party and without
<br />regard to the adequacy or inadequacy of the security of the Subject Property or the solvency of either Trustor or any
<br />other Person and Trustor agrees that it shall not oppose the appointment of a Receiver; and
<br />(e) to take all such other steps and to assert all such other rights and remedies as shall be
<br />permitted by applicable law.
<br />The purchase money, proceeds or avails of any foreclosure or sale after default and any other sums which
<br />then may be held by Beneficiary under this Deed of Trust shall be applied as provided in Section 5.9 hereof.
<br />SECTION 5.6. No Liability on Beneficiary. Notwithstanding anything contained herein, this
<br />Deed of Trust is only intended as security for the Obligations and Beneficiary shall not be obligated to perform or
<br />discharge, and Beneficiary need not perform or discharge, any obligation, duty or liability of Trustor with respect to
<br />any of the Subject Property. Beneficiary shall not have responsibility for the control, care, management or repair of
<br />the Property nor shall Beneficiary be responsible or liable for any negligence in the management, operation, upkeep,
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