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201903152 <br />Beneficiary any duty to perform or discharge any obligation, duty or <br />liability under any of the Leases, or under or by reason of this assignment <br />and the acceptance of the assignment of Leases and Rents, with all of the <br />rights, powers, privileges and authority so created, shall not under any <br />circumstances be deemed or construed to constitute Beneficiary a <br />mortgagee -in -possession, or in control of, or a partner or joint venturer, with <br />Trustor. Trustor shall and does hereby agree to indemnify and to hold <br />Beneficiary harmless for, from and against any liability, loss or damage <br />which it might incur under any Lease or under or by reason of this <br />assignment and from any claims and demands whatsoever which may be <br />asserted against Beneficiary by reason of an alleged obligation or <br />undertaking on Beneficiary's part to perform or discharge any of the terms, <br />covenants or agreements contained in the Leases. In further pursuance of <br />this assignment, and not in lieu hereof, Trustor shall on demand give <br />Beneficiary separate specific assignments of Rents and Leases covering <br />some or all of the Leases, the terms of such assignments being incorporated <br />herein by reference. Unless otherwise specified by Beneficiary in writing, <br />all existing and future Leases for the use or occupancy of all or any part of <br />the Mortgaged Property shall be subordinate and inferior to the lien of this <br />Deed of Trust. Trustor shall not, without the prior written consent of <br />Beneficiary first obtained, collect, accept or anticipate any rent from any <br />lessee or Tenant for a period of time in excess of one (1) month prior to the <br />due date, or accrual of such rent, whichever first occurs. <br />B. Provided an Event of Default has occurred and is continuing, Beneficiary is <br />hereby authorized to notify the property manager and all lessees and <br />Tenants of the Mortgaged Property of the existence of any and all such <br />assignments. Trustor hereby authorizes and directs the property manager <br />and all the lessees and Tenants of the Mortgaged Property that, upon written <br />notice from Beneficiary, all payments required under said Leases, or in any <br />way respecting same, shall be made directly to Beneficiary as they become <br />due. Trustor hereby relieves the property manager and said lessees and <br />Tenants from any liability to Trustor by reason of said payments being made <br />to Beneficiary. <br />C. Beneficiary hereby grants to Trustor a revocable license (the "Rental <br />License") to collect all Rents and/or payments under the Leases, but after an <br />Event of Default and during the continuation thereof, the Rental License to <br />collect Rents and payments shall automatically terminate and be revoked <br />and to the extent Trustor collects any Rents thereafter accruing or paid, <br />Trustor covenants to hold all such Rents in trust for the use and benefit of <br />Beneficiary. After an Event of Default and during the continuation thereof, <br />Rents shall thereupon be deemed to be cash collateral for all purposes, <br />including without limitation for purposes of Section 363 of Title 11 of the <br />United States Code, as the same may be amended <br />12 <br />