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M <br />L' <br />go. 14544° <br />Lender. The foregoing warranties and representations, and <br />norrower's obligations pursuant to the foregoing indemnity, shall <br />survive repayment of the Note and the reconveyanee of this Deed <br />of Trust. <br />9. Assignment of Rents Mana ement of Property. As <br />additional security hereunder, Borrower hereby assigns to Lender <br />the rents, issues and profits of the Property, provided that <br />borrower shall, prior to acceleration under paragraph 11 hereof <br />or abandonment of the Property, have the right to collect and <br />retain such rents, issues and profits as they become due and pay- <br />able. upon acceleration or abandonment of the Property, Lender <br />may, either in person or by agent, with or without bringing any <br />action or proceeding, or by a receiver appointed by a court and <br />without regard to the, adequacy of its security, enter upon and <br />;.. take• ' oee�sea q�.en of the Property, or any part thereof, in its own <br />name one in" the name of the Trustee, and do any acts which it <br />;:..r+aeaae nedes;sary or desirable to preserve the value, marketabii R.ty <br />or rentability of the property, or any part thereof or interest, <br />therein, increase. the income therefrom or protect the security <br />hereof and, with or without taking possession of the Property, <br />rue for or otherwise collect the rents, issues and profits <br />thereof, including those past due and unpaid, and apply the same, <br />-less costs and expenses of operation and collection, including <br />attorneys' fees, upon any indebtedness secured hereby, all in <br />such order as Lender may determine. The entering upon and taking <br />possession of the Property, the collection of such rents, issues <br />and profits and the application thereof as aforesaid, shall not <br />cure or waive any default or notice of default hereunder or <br />Invalidate any act done in responses to such default or pursuant <br />to such notice of default and, notwithstanding the continuance in <br />possession of the Property or the collection, receipt and applica- <br />tion of rents, issues or profits, and Trustee and Lender shall be <br />entitled to exercise every right provided for in any of the Loan <br />Instruments or by law upon occurrence of any Event of Default, <br />including, without limitation, the right to exercise the power of <br />sale. Further, Lender's rights and remedies under this paragraph <br />9 shall be cumulative with, and in no way a limitation on, <br />Lender's rights and remedies under any Assignment of Leases and <br />Rents recorded against the Property. Lender, Trustee and the <br />receiver shall be liable to account only for those rents actually <br />received. <br />10. Events of Default. The following shall constitute <br />an Event of Dakault—Wid-e-r-This beed of Trust: <br />-4- <br />4.�, �. 1_ ._ ;� ail. �.- '.:4, �� ,..- - �;�'..',a :�' -' ..• .: � 1 '�.'. 'r.. ' <br />7 <br />A� <br />J <br />(a) Failure to pay Any installment of <br />principal or interest or any other sum secured hereby <br />when due, or failure to pay when due any other indebted- <br />ness of Borrower to Lenders <br />(b) A breach of or default under any provi- <br />sion contained in the Note, this Deed of Trust, any of <br />i <br />the Loan Instruments, or any other encumbrance upon the <br />Property, after giving effect to any applicable cure <br />period contained thereinl <br />(c) A writ of execution or attachment or any <br />similar process shall be entered against Borrower which <br />' r <br />shall become a lien on the Property or any portion <br />` <br />theerepf therein; <br />.or .interest <br />(d) There shall ll be filed bey or against <br />40 rrQW0V AAU action U=dCu 'SAY paeMent Or f'atUVe federal, <br />- <br />mtato or other statute, law o regulation relating to <br />1r <br />, <br />bankruptcy, insolvency or other relief for debtors: or. <br />there shall be appointed any trustee, receiver or <br />liquidator of Borrower or of all or any part of the <br />Property, or the rents, issues or profits thereof, or <br />Borrower shall make any general assignment for the <br />benefit of creditors; <br />-4- <br />4.�, �. 1_ ._ ;� ail. �.- '.:4, �� ,..- - �;�'..',a :�' -' ..• .: � 1 '�.'. 'r.. ' <br />7 <br />A� <br />J <br />