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202107049 ARTICLE V CONCERNING TRUSTEE Section 5.01. Trustee Liability. Trustee, by its acceptance hereof, covenants safely to perform and fulfill the trusts herein created, being liable, however, only for gross negligence or willful misconduct, and agrees to accept reasonable compensation for the services rendered by it in accordance with the terms hereof. Section 5.02. Trustee Resignation. Trustee may resign at any time upon giving 30 days' notice, in writing, to Borrower and Beneficiary. Section 5.03. Successor Trustee. Beneficiary, at its option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Deed of Trust is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable law. Section 5.04. Reconveyance. Upon payment of all sums secured by this Deed of Trust, Beneficiary shall request Trustee to reconvey the Property and shall surrender this Deed of Trust and all documents evidencing the debt secured by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. The grantee, in such reconveyance, may be described as "the person or persons legally entitled hereto." ARTICLE VI ASSIGNMENT OF LEASES AND RENTS Section 6.01. Performance of Leases. Borrower will faithfully abide by, perform and discharge each and every obligation, covenant and agreement which it is now or hereafter becomes liable to observe or perform under any present or future lease and at its sole cost and expense, enforce or secure the performance of each and every obligation, covenant, condition and agreement to be performed by the tenant under each and every lease, subject to such waivers or extensions of time as may be granted by Borrower, provided that Beneficiary shall have the right, at any time, to rescind any such waiver or extension of time. Borrower will observe and comply with all provisions of law applicable to the operation and ownership of the Property. Borrower will give prompt written notice to Beneficiary of any notice of default on the part of Borrower with respect to any lease received from the tenant thereunder and will also, at its sole cost and expense, appear in and defend any action or proceeding arising under, growing out of or in any manner connected with any lease or the obligations, duties or liabilities of Borrower or any tenant thereunder. Section 6.02. Collection of Rents. Unless permitted by or paid directly to Beneficiary, Borrower will not collect or accept any rents for the use or occupancy of the Property for more than one month in advance. Security deposits shall not be deemed rents for purposes of this paragraph. Section 6.03. Protecting the Security of the Assignment. Should Borrower fail to perform or observe any covenant or agreement contained in this Deed of Trust or in the Agreement, then Beneficiary, but without obligation to do so and without releasing Borrower from any obligation hereunder, may make or do the same in such manner and to such extent as Beneficiary may deem appropriate to protect the security hereof, including, specifically, without limiting its general powers, the right to appear in and 11