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201508057
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Last modified
7/21/2017 2:02:13 PM
Creation date
11/24/2015 1:01:30 PM
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DEEDS
Inst Number
201508057
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2� 15�8�57 <br /> and shall ne�ther impair nor dimin�sh the obligations of Trus�or under the Leases <br /> nor obligate or impose upan Beneficiary any duty to p�rform or dis�harge any <br /> obl�gation, duty or liabiYity under any of the Leases, or under or by reason af this <br /> assignment and the acceptance �f the assignment of Leases and Rents, with aIl af <br /> the rights, powers, privileges and authority so created, shall not under any <br /> � circumstances be deemed �r cflnstrued to canstitute Beneficiary a mortgagee-in- <br /> possession, or in con�rol �f, or a partner or j oint venturer, with Trustor. Trustar <br /> sha11 and does hereby agree to indemnify and to hold Beneficiary harmless for, <br /> fram and against any�iability,�oss or damage which it might incur under any Lease <br /> or under or by reason of this assignment and from any claims and demands <br /> Whatsoever which may be asserted against Beneficiary by reason of an aileged <br /> abligation or under�aking on Beneficiary's part to perform or discharge any af the <br /> terms, cov�nants or agreements contained in the Leas�s. In further pursuance of <br /> this assignment, and not in Iieu here�f, Trustor sha�i an demand give Beneficiary <br /> separate spe�ific assignments of Rents and Leases covering some or all of the <br /> Leases, the terms of such assignments being incarporated herein by reference. <br /> Unless oth�rwise specified by Beneficiary in writing, all�xisting and future Leases <br /> far the use or occupancy of all or any par� of the Mortgaged Praperty shal� be <br /> subordinate and inferior to the lien of this Deed of Trust. Trustor shall not,withaut <br /> � �he prior written consent of Beneficiary frst obta�ned, co�lect, accept or anticipate <br /> any r�n� from any lessee or T�nant for a period of time in excess of one ��}month <br /> prior ta the due date,or accrual of such rent,whiche�er first occurs. <br /> B. Pra�ided an E�ent of Defau�t has occurred and is continuing b�yand any applicable <br /> notice or cure period of an Event of I]efau�t hereunder,under the Loan Agreement, <br /> or under the Nate or the other Loan Documents, Beneficiary is h�reby autharized <br /> to notify the property manager and al� lessees and Tenants of the Mortgaged <br /> Property of the existence of any and all such assignmen�s. Trus�or hereby <br /> authorizes and directs th� property manager and all the lessees and Tenants of the <br /> Mortgaged Property that, upan written notiCe from Beneficiary, all payments <br /> required under said Leases, or in any way respecting same, shall be made direct�y <br /> �o Beneficiary as they become due. Trus�or hereby reliev�s the property manager <br /> and sa�d lessees and Tenar�ts from any l�ability to Trustor by reason of said <br /> payments being made to Beneficiary. <br /> �. Benefic�ary hereby grants ta Trustor a re�ocable license �the "Ren�a1 License"} to <br /> � eollect al1 Rents andlor payments under the Leas�s, but aft�r an Event of I]efault <br /> and during the continuation �hereof, the Rental License ta collect R�nts and <br /> payments shall automatically �erminate and b� revoked and to the extent Trustar <br /> collects any Rents thereafter accruing �r paid, Trustor covenants ta h�ld all such <br /> Rents in trust for the use and benef t of Beneficiary. After an Event of Default and <br /> during the continuatifln �hereof, Rents shall thereupon be deemed to be cash <br /> collatera� far all purposes, including without limitation for purposes of Sec�ion 363 <br /> of Title 11 of the United Stat�s�ode,as the same may be amended <br /> D. Trustar agrees tha� upon or at any time af�er �1� the �ccurrence and continuance <br /> beyand any app�icable grace or cure period of an E�ent of Default hereunder, <br /> under the Loan Agreement, ar under the No�e or th�other Loan Documents, or�2} <br /> 11 <br />
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