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<br />upon the occurrence of an event of default under the Deed of Trust, the Beneficiary shall have a right of possession
<br />superior to any right of possession of the Trustor or any person claiming through or on behalf of the Trustor. The
<br />security interest hereby granted shall be released by Beneficiary upon Trustor's compliance with the Building Loan
<br />Agreement and completion of all construction, provided that such release shall not, and shall not be implied, to release
<br />Beneficiary's security interest in the real property or in any fixtures which have become part of the real property and
<br />which are otherwise perfected by the Deed of Trust.
<br />13. ASSIGNMENT OF LEASES AND RENTS. Trustor hereby absolutely assigns and transfers to
<br />Beneficiary all the leases, rents, issues and profits of the Property, and hereby gives to and confers upon Beneficiary the
<br />right, power and authority to collect such rents, issues and profits. Trustor irrevocably appoints Beneficiary its true and
<br />lawful attorney -in -fact, at the option of Beneficiary at any time and from time to time, to take possession and control of
<br />the Property and to demand, receive and enforce payment, to give receipts, releases and satisfaction, and to sue, in the
<br />name of Trustor or Beneficiary, for all such rents, issues and profits and apply the same to the amounts due under the
<br />loan documents; provided, however, that Trustor shall have a revocable license to possess and control the Property and
<br />to collect such rents, issues and profits (but not more than one month in advance) prior to or at any time there is not an
<br />event of Default under any of the Loan Documents. This assignment of the rents, issues and profits of the Property is
<br />intended to be an absolute assignment from Trustor to Beneficiary and not merely the passing of a security interest.
<br />Upon Trustor's breach of any covenant or agreement of Trustor in this Instrument, Beneficiary may, in
<br />person, by agent or by a court appointed receiver, regardless of the adequacy of Beneficiary's security, enter upon and
<br />take possession and maintain full control of the Property in order to perform all acts necessary and appropriate for the
<br />operation and maintenance thereof and the conducting thereon of any business or businesses then being conducted by
<br />Trustor including, but not limited to the completion of construction of the improvements thereon, the execution,
<br />cancellation or modification of leases, the collection of all rents revenues of the Property, the making of repairs to the
<br />Property and the execution or termination of contracts providing the construction, management or maintenance of the
<br />Property or the conduction of such business thereon, all on such terms as are deemed best to protect the security of this
<br />Instrument. In the event Beneficiary elects to seek the appointment of a receiver for the Property upon Trustor's breach
<br />of any covenant or agreement of Trustor in this Instrument. Trustor hereby expressly consents to the appointment of
<br />such receiver. Beneficiary or the receiver shall be entitled to receive a reasonable fee for so managing the Property.
<br />If the rents and revenues of the Property are not sufficient to meet the costs, if any, of constructing the
<br />improvements and taking control of and managing the Property and collecting the same, any funds expended by
<br />Beneficiary for such purposes shall become indebtedness of Trustor to Beneficiary secured by this Instrument pursuant
<br />to the terms hereof. Unless Beneficiary and Trustor agree in writing to other terms of payment, such amounts shall be
<br />immediately due and payable by Trustor and shall bear interest from the date of disbursement at the default rate stated
<br />under the terms of the Note, compounded monthly, unless payment of interest at such rate would be contrary to
<br />applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Trustor
<br />under applicable law.
<br />Any entering upon and taking and maintaining control of the Property by Beneficiary or the receiver and any
<br />application of rents and revenues as provided herein shall not cure or waive any default hereunder or invalidate any
<br />other right or remedy of Beneficiary under applicable law or provided herein. This assignment of rents of the Property
<br />shall terminate at such time as this Instrument ceases to secure indebtedness held by Beneficiary.
<br />14. EVENTS OF DEFAULT Any of the following events shall be deemed an event of default hereunder:
<br />(a) Trustor shall have failed to make payment of any installment of interest, principal or principal
<br />and interest or any other sum secured hereby when due; or
<br />(b) There has occurred at breach of or default under any term, covenant, agreement, condition,
<br />provision, representation or warranty contained in this Deed of Trust or in any of the Loan Documents; or
<br />(c) There has occurred a breach of or default under any term, payment, agreement, condition,
<br />provisions, representation or warranty contained in any other document evidencing any other obligation between
<br />Borrower to Lender.
<br />15. ACCELERATION UPON DEFAULT, ADDITIONAL REMEDIES. Should an event of default occur
<br />Beneficiary may declare all indebtedness secured hereby to be due and payable and the same shall thereupon become
<br />due and payable without any presentment, demand, protest or notice of any kind. Thereafter Beneficiary may, in
<br />addition to any other remedies that may be available to it under the Loan Document or applicable law:
<br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver
<br />appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Trust
<br />Estate, in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to
<br />complete the construction of the improvements thereon, to preserve the value, marketability or rentability of the Trust
<br />Estate, increase the income therefrom or protect the security hereof and, with or without taking possession of the Trust
<br />Estate, sue for or otherwise collect the rents, issues and profits thereof, including those past due and unpaid, and apply
<br />the same, less costs and expenses of operation and collection including attorney's fees, upon any indebtedness secured
<br />hereby, all in such order as Beneficiary may determine. The entering upon and taking possession of the Trust Estate,
<br />the collection of such rents, issues and profits and the application thereof, shall not cure or waive any default or notice
<br />of default hereunder or invalidate any act done in response to such default or pursuant to such notice of default and,
<br />notwithstanding the continuance in possession of the Trust Estate or the collection, receipt and application of rents,
<br />issues, or profits, Trustee or Beneficiary shall be entitled to exercise every right provided for in any of the Loan
<br />Instruments or by law upon occurrence of any event of default, including rights to exercise the power of sale;
<br />(b) Commence an action to foreclosed this Deed of Trust as a mortgage, appoint a receiver, or
<br />specifically enforce any of the covenants hereof,
<br />(c) Deliver to Trustee a written declaration of default and demand for sale, and a written notice of
<br />default and election to cause Trustor's interest in the Trust Estate to be sold, by exercise of the power of sale herein
<br />contained, which notice Trustee shall cause to be duly filed for record in the appropriate Official Records of the County
<br />in which the Trust Estate is located;
<br />(d) In addition to all other remedies herein provided, Beneficiary shall, as a matter of right, be
<br />entitled to an ex parte appointment of a receiver or receivers for all or any part of the Property without regard to the
<br />value of the Property or solvency of any person or persons liable for the payment of the Note. Trustor does hereby
<br />consent to the appointment of such receiver or receivers, waives any and all defenses to such appointment, and agrees
<br />not to oppose any application therefor by Beneficiary, but nothing herein is to be construed to deprive Beneficiary of
<br />any other right, remedy or privilege it may now have under the law to have a receiver appointed; provided, however,
<br />that the appointment of such receiver, trustee, or other appointee by virtue of any court order, statute, or regulation shall
<br />not impair or in any manner prejudice the rights of Beneficiary to receive payment of the rents and income. Any
<br />money advance by Beneficiary in connection with any such receivership, for completion of construction or otherwise,
<br />shall be a part of the indebtedness secured hereby and shall be payable by Trustor to Beneficiary as provided in this
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