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.202232332 instrument in writing signed by the party against whom enforcement of any waiver, change, discharge or termination is sought. 18. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed of Trust and the Note to Trustee for cancellation and retention and upon payment by Trustor of Trustee's fees, Trustee shall reconvey to Trustor, or the person or persons legally entitled thereto, without warranty, any portion of the Trust Estate then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any reconveyance may be described as "the person or persons legally entitled thereto." 19. ASSIGNMENT OF LEASES AND RENTS. Trustor hereby absolutely assigns and transfers to Beneficiary all the leases, rents, issues and profits of the Property, and hereby gives to and confers upon Beneficiary the right, power and authority to collect such rents, issues and profits. Trustor irrevocably appoints Beneficiary its true and lawful attorney-in-fact, at the option of Beneficiary at any time and from time to time, to take possession and control of the Property and to demand, receive and enforce payment, to give receipts, releases and satisfaction, and to sue, in the name of Trustor or Beneficiary, for all such rents, issues and profits and apply the same to the amounts due under the loan documents, provided, however, that Trustor shall have a revocable license to possess and control the Property and to collect such rents, issues and profits (but not more than one month in advance) prior to or at any time there is not an event of Default under any of the Loan Documents. This assignment of the rents, issues and profits of the Property is intended to be an absolute assignment from Trustor to Beneficiary and not merely the passing of a security interest. 20. NOTICES. Any notice, demand, request or other communication with respect to this Deed of Trust shall be in writing and shall be effective only if the same is delivered by personal service or mailed first class or by certified mail, postage prepaid, return receipt requested. Any party may at any time change its address for notice of such change. 21. TIME OF THE ESSENCE AND NON -WAIVER. Time is of the essence of this Deed of Trust. Acceptance by Beneficiary of any sum secured hereby after its due date does not constitute a waiver by Beneficiary of its right to require prompt payment when due of all other sums so secured or to declare default for failure to so timely pay. 22. ACCEPTANCE BY TRUSTEE. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. [Remainder of page intentionally left blank; signature page follows.] 6