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20010725E authorizes and directs all tenants, purchasers or other persons occupying or otherwise acquiring any interest in any part of the Real Property to pay the Rents due under the Leases to the Beneficiary upon request of the Beneficiary. Grantor hereby appoints Beneficiary as its true and lawful attorney in fact to manage said property and collect the Rents, with full power to bring suit for collection of the Rents and possession of the Real Property, giving and granting unto said Beneficiary and unto its agent or attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in the protection of the security hereby conveyed; provided, however, that (i) this power of attorney and assignment of rents shall not be construed as an obligation upon said Beneficiary to make or cause to be made any repairs that may be needful or necessary and (ii) Beneficiary agrees that until such Event of Default as aforesaid, Beneficiary shall permit Grantor to perform the aforementioned management responsibilities. This power of attorney and assignment of rents shall be irrevocable until this Deed of Trust shall have been satisfied and released of record and the releasing of this Deed of Trust shall act as a revocation of this power of attorney and assignment of rents. Beneficiary shall have and hereby expressly reserves the right and privilege (but assumes no obligation) to demand, collect, sue for, receive and recover the Rents, or any part thereof, now existing or hereafter made, and apply the same in such manner and order as Beneficiary shall determine in its sole discretion, subject to applicable law. All of the property described above, and each item of property therein described, not limited to but including the Premises, the Project, the Property Rights, the Fixtures, the Real Property, the Personal Property, the Intangibles, the Rents and the Leases, is herein referred to as the "Mortgaged Property." It is mutually agreed, declared and intended by the parties that the description of the Mortgaged Property herein contained shall (i) not be deemed to limit the scope of the security interest granted in any other Loan Document, (ii) not be deemed under any circumstances to include any franchise agreement between Grantor and Applebee's International, Inc., and (iii) be subject to the collateral release provisions contained in Section 9.16 of the Loan Agreement. Nothing herein contained shall be construed as constituting the Beneficiary a mortgagee -in- possession in the absence of the taking of actual possession of the Mortgaged Property by the Beneficiary. Nothing contained in this Deed of Trust shall be construed as imposing on Beneficiary any of the obligations of the lessor under any lease of the Real Property in the absence of an explicit assumption thereof by Beneficiary. In the exercise of the powers herein granted the Beneficiary, no liability shall be asserted or enforced against the Beneficiary, all such liability being expressly waived and released by Grantor. TO HAVE AND TO HOLD the Mortgaged Property, properties, rights and privileges hereby conveyed or assigned, or intended so to be, unto Trustee and Beneficiary, their successors and assigns, forever for the uses and purposes herein set forth. Grantor hereby covenants, warrants and represents that, ' at the time of the execution and delivery of these presents, Grantor holds a good and valid interest with full legal and equitable title to the Mortgaged Property, with good right, full power and lawful authority to sell, assign, convey and mortgage the same, and that title to the Mortgaged Property is free and clear of encumbrances, excepting any easements, covenants, restrictions and other items listed in a -5- 003.302830.1