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�.,. 101935 Beneficiary its true and lawful attorney in its name and stead i� (with or without taking possession�.of the'Premises) to rent, lease j or let all or any portion of the Premises to any party or parties at such rental and upon such terms, in its discretion as it may determine, and to collect all of $aid avails, rents, revenues, issues and profits arising from or accruing at any time hereafter;,' and all now due or that hereafter may become due under each and all the leases and agreements, writtn or verbal, or other tenancy . existing or which may hereafter.exist with respect to the Premises with the same rights and powers =and subject to the same immunitiesi -. exoneration of liability and rights of recourse and indemnity as Beneficiary would have upon taking possession of the Premises pursuant to the provisions hereinafter set forth. L The undersigned represents and agrees that no rent,"as been or will.be paid by any person in-possession of any portion of the Premises for.more than one installment.in advance and that the payment of none.of the rents-:,, �to accrue for any portion of the ?remises has be -a or will be' waived, `releasedp' reduced or discounted or otherwise discharged or compromise -�by the undersigroad, except in the normal an(i ordinary course of collect-5, . of del` niquent rents. The undersigned :;wives any right of setoff against•any person in possession of amy portion of the Premises. The undersigned agrees that; t. will nat further assign any' f the` rents or.�scaits of the Premises. - The delivery of a copy:of this'i struaent to any tenant or tenants occupying the Premises, or any part. thereof, shall constitute-sufficient notice to require such tenants to pay all rents to Beneficiary, its successors and assigns, until further j notice from Beneficiary that the Nate, or the delinquent portion thereof, has been paid by the undersiomed. ..- Nothing herein contained shall to construed as constituting,:' Beneficiary a "mortgagee in:possessiQn.", in the absence of the taking of actual possession of the Premises by Beneficiary pursuaint to the provisions hereinafter contained. In the exercise o€ the powers herein granted to Beneficiary, no liability shall be asserted or enforced against Beneficiary, all such liability b fng expressly waived and released by the undersigned. The undersigned further agrees to execute and deli�zer such further assurances and assignments of the rents, revenues,,issues, profits and leases of or in the Premises as Beneficiary may from time to time require. Although it is the intention of the parties that this Assignment of Leases and Rents shall be a present assignment, it is expressly understood and agreed that Beneficiary shall not exercise any of the rights and powers conferred upon it herein until and unless a default shall occur (and shall not be timely cured if a right to cure is provided in the Deed of Trust) in the payment of interest or principal due under the Note,'or in the performance or observance of any of the conditions or agreements of any instrument now or at any time securing said Note (including the Deed of Trust) or the debt evidenced thereby or by an extension thereof and nothing herein contained shall be deemed to affect or impair any rights which Beneficiary may have under the Note, the Deed of Trust, or any other instrument, document or agreement given to secure the Note. in case of default whereby the right of foreclosure occurs under the Deed of Trust, Beneficiary or the holder of the Note shall at once become entitled to the possession, tine and enjoyment of the Premises and to the rents, revenues, issues and profits therefrom, and the undersigned agrees to surrender to Beneficiary and Beneficiary.shall be entitled to take actual possession of the Premises, or any part thereof, personally or by its agents or attorneys, and Beneficiary, in its discretion, may, with or without D: \L0AND0C \HEALTH.ASN April 10,.19S9 2 ;s c: AW _.