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repair or control of the Subject Property resulting in loss or injury or death to any licensee, employee, tenant or
<br />stranger. No liability shall be enforced or asserted against Beneficiary in its exercise of the powers herein granted to
<br />it, and Trustor expressly waives and releases any such liability. Should Beneficiary or any Person exercising rights
<br />on its behalf incur any such liability, loss or damage, under or by reason hereof, or in the defense of any claims or
<br />demands, Trustor agrees to reimburse Beneficiary and such Person, immediately upon demand (provided such
<br />demand is accompanied by an itemized statement) for the amount thereof, including costs, expenses and reasonable
<br />attorneys' fees, and any such obligations of Trustor shall be Obligations hereunder and shall survive any foreclosure
<br />or transfer in lieu of foreclosure of this Deed of Trust and the release of this Deed of Trust.
<br />SECTION 5.7. Assignment of Leases.
<br />.' A
<br />(a) Subject to paragraph (d) below, the assignments of the Leases and the Rent under
<br />Granting Clauses VI and VII are and shall be present, absolute and irrevocable assignments by Trustor to
<br />Beneficiary and, subject to the license to Trustor under Section 5.7(b), Beneficiary or a Receiver appointed pursuant
<br />to Section 5.5(d) (as the case may be as the Person exercising the rights under this Section) shall have the absolute,
<br />immediate and continuing right to collect and receive all Rents now or hereafter, including during any period of
<br />redemption, accruing with respect to the Property. At the request of Beneficiary or such Receiver, Trustor shall
<br />promptly execute, acknowledge, deliver, record, register and file any additional general assignment of the Leases or
<br />specific assignment of any Lease which Beneficiary or such Receiver may require from time to time (all in form and
<br />substance reasonably satisfactory to Beneficiary of such Receiver) to effectuate, complete, perfect, continue or
<br />preserve the assignments of the Leases 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 license granted
<br />hereby, subject to Section 5.7(c), to collect all Rents upon, but not prior to fifteen (15) days before, the due date
<br />thereof.
<br />(c) If any Event of Default exists, Beneficiary or Receiver appointed pursuant to
<br />Section 5.5(d) (as the case may be as the Person exercising the rights under this Section) shall have the right to do
<br />any of the following: (i) terminate the license granted under Section 5.7(b) by notice to Trustor (ii) exercise the
<br />rights and remedies provided to Trustor under the Site Lease; (iii) exercise the rights and remedies provided under
<br />Section 5.4, Section 5.5 or under applicable law; (iv) as attorney in -fact or agent of Trustor, or in its own name as
<br />the Person exercising the rights under this Section and under the powers herein granted, hold, operate, manage and
<br />control the Property and all other Subject Property, either personally or by its agents, contractors or nominees, with
<br />full power to use such measures, legal or equitable, as in its discretion may be deemed proper and necessary to
<br />enforce the payment of any Rents, the Leases and other Subject Property relating thereto (including actions for the
<br />recovery of Rent, actions in forcible detainer and actions in distress of Rent); (v) cancel or terminate any Lease or
<br />sublease for any cause or on any ground which would entitle Trustor to cancel the same; (vi) elect to disaffirm any
<br />Lease or sublease made subsequent hereto or subordinated to the lien hereof, and (vii) perform such other acts in
<br />connection with the management and operation of the Subject 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 exercise each and
<br />every one of the rights, privileges and powers contained herein at any and all times while an Event of Default exists
<br />without notice to Trustor.
<br />(d) Nothing in this Section 5.7 shall be construed to be an assumption by the Person
<br />exercising the rights under this Section, or to otherwise make such Person liable for the performance, of any of the
<br />obligations of Trustor under the Leases.
<br />SECTION 5.8. Sales. Except as otherwise provided herein, to the extent permitted under
<br />applicable law, at the election of Beneficiary, the following provisions shall apply to any sale of the Subject
<br />Property hereunder, whether made pursuant to the power of sale hereunder, any judicial proceeding, or any
<br />judgment or decree of foreclosure or sale or otherwise;
<br />(a) Beneficiary or Trustee or the court officer (as the case may be as the Person conducting
<br />any sale) may conduct any number of sales as Beneficiary may direct from time to time. The power of sale
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<br />010499/1956/35239.00196
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