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<br />as prescribed by Applicable Law), regardless of the adequacy of Lender's security, and at Lender's sole election
<br />(without any obligation to do so), to the extent permitted by Applicable Law, enter upon and take possession and
<br />control of the Trust Estate to perform all acts necessary and appropriate to operate and maintain the Trust Estate,
<br />including to execute, cancel or modify the Leases, make repairs to the Trust Estate, execute or terminate contracts
<br />providing for the management or maintenance of the Trust Estate, all on such terms as are deemed best to protect the
<br />security of this assignment. Lender or the receiver, to the extent permitted by Applicable Law, shall have access to
<br />the books and records used in the operation and maintenance of the Trust Estate and shall be liable to account only
<br />for those Rents actually received. Lender shall not be liable to Trustor, anyone claiming under or through Trustor or
<br />anyone having an interest in the Trust Estate by reason of anything done or left undone by Lender hereunder, except
<br />to the extent of Lender's gross negligence or willful misconduct. Any entering upon and taking possession and
<br />control of the Trust Estate by Lender or the receiver and any application of Rents as provided herein shall not cure
<br />or waive any Default or invalidate any other right or remedy of Lender.
<br />4.3 Trustor's Affirmative Obligations. Trustor shall: (a) fulfill, perform and observe in all respects each
<br />and every condition and covenant of Trustor contained in any Lease; (b) give prompt notice to Lender of any claim
<br />or event of default under any Lease given to or by Trustor, together with a complete copy or statement of any
<br />information submitted or referenced in support of such claim or event of default; (c) at the sole cost and expense of
<br />Trustor, enforce the performance and observance of each and every covenant and condition of any Lease to be
<br />performed or observed by any other party thereto, unless such enforcement is waived in writing by Lender; and
<br />(d) appear in and defend any action challenging the validity, enforceability or priority of the Lien created hereby or
<br />the validity or enforceability of any Lease. Trustor shall cause the tenant under each Lease to comply with Trustor's
<br />obligations contained in Article 3; provided, however, this requirement shall not relieve or release Trustor from any
<br />of its obligations under Article 3 or elsewhere in any of the Loan Documents.
<br />4.4 Negative Covenants. Trustor shall not, without Lender's consent, in Lender's sole discretion:
<br />(a) enter into any Lease; (b) modify or amend the terms of any Lease; (c) grant any consents under any Lease,
<br />including any consent to an assignment of any Lease, a mortgaging of the leasehold estate created by any Lease or a
<br />subletting by the tenant under any Lease; (d) terminate, cancel, surrender, or accept the surrender of, any Lease, or
<br />waive or release any Person from the observance or performance of any obligation to be performed pursuant to any
<br />Lease or from liability on account of any warranty given thereunder; or (e) assign, transfer, mortgage, pledge or
<br />hypothecate any Lease or any interest therein to any party other than Lender. Any lease, modification, grant,
<br />termination, cancellation, surrender, waiver or release in violation of the foregoing provisions shall be null and void
<br />and of no force and effect.
<br />4.5 No Merger. Unless Lender otherwise consents or elects, Trustor's title to the Trust Estate and the
<br />leasehold interest in the Trust Estate created by any Lease shall not merge, but shall always be kept separate and
<br />distinct, notwithstanding the union of such estates in Trustor, Lender or any other person by purchase, operation of
<br />law, or by foreclosure or sale of the Trust Estate pursuant hereto or otherwise.
<br />ARTICLE 5
<br />EVENTS OF DEFAULT AND REMEDIES
<br />5.1 Events of Default. Each Event of Default constitutes an "Event of Default" under this Deed of Trust.
<br />5.2 Remedies. Trustor irrevocably agrees that, upon the occurrence of an Event of Default, in addition to
<br />all other rights and remedies provided in this Deed of Trust, in any of the other Loan Documents, or by Applicable
<br />Law, Lender may take all or any of the following actions:
<br />(a) Acceleration. Declare all or any part of the Secured Obligations immediately due and payable
<br />without any presentment, demand, protest or notice of any kind.
<br />(b) Right of Entry. Either in person or by agent, with or without bringing any action or
<br />proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter
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