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202207758 <br />7. Alterations, Removal. No building, structure, improvement, fixture, personal property or Equipment <br />constituting any part of the Premises shall be removed, demolished or substantially altered without the <br />prior written consent of the Lender. <br />8. Payment of Other Obligations. The Grantor shall also pay all other obligations which may become <br />liens or charges against the Premises for any present or future repairs or improvements made on the <br />Premises, or for any other goods, services, or utilities furnished to the Premises and shall not permit any <br />lien or charge of any kind securing the repayment of borrowed funds (including the deferred purchase price <br />for any property) to accrue and remain outstanding against the Premises. <br />9. Assignment of Leases and Rents. As additional security for the Liabilities, the Grantor, by executing <br />and delivering this Deed of Trust, absolutely, unconditionally, irrevocably and presently assigns, grants, <br />conveys and sets over unto the Lender all of the Grantor's right, title and interest in and to all Leases and <br />Rents. Copies of existing Leases and Lease amendments have been delivered to the Lender. The Grantor <br />will provide copies of any future Leases and Lease amendments to the Lender. <br />Subject to the license granted to the Grantor below, the Lender shall have the complete right and authority, <br />at any time from and after the occurrence of any default in the payment or performance of any of the <br />Liabilities or the occurrence of any default under this Deed of Trust, to collect and receive the Rents. For <br />this purpose, the Lender is hereby given and granted the following rights, powers and authority: (a) the <br />Lender may send notices to any and all tenants of the Premises advising them of this assignment and <br />directing all the Rents to be paid directly to the Lender or the Lender's agent; (b) the Lender may (i) enter <br />upon and take possession of the Premises, (ii) demand, collect and receive from the tenants (or from any <br />other persons liable therefor) all of the Rents, (iii) institute and carry on all legal proceedings necessary for <br />the protection of the Premises, including such proceedings as may be necessary to recover possession of the <br />Premises and collect the Rents, (iv) remove any tenant or other persons from the Premises, (v) enter upon <br />the Premises to maintain the Premises and keep the same in repair, and pay the costs thereof and of all <br />services of all employees, including their equipment, and of all continuing costs and expenses of <br />maintaining the Premises in proper repair and condition and (vi) pay all taxes, assessments and water <br />utilities and the premiums on fire and other insurance effected by the Lender on the Premises; (c) the <br />Lender may do any and all things necessary or advisable to execute and comply with all applicable laws, <br />rules, orders, ordinances and requirements of all governmental agencies; (d) the Lender may (i) rent or <br />lease the whole or any part of the Premises for such term or terms and on such conditions as the Lender <br />may deem appropriate, (ii) modify, terminate or accept the surrender of any Leases and/or (iii) waive, <br />release, discharge or compromise any Rents or any obligations of any of the tenants under any Leases; (e) <br />the Lender may make any payment, including necessary costs, expenses and reasonable attorneys' fees and <br />court costs, or perform any action, required of the Grantor under any Lease, without releasing the Grantor <br />from the obligation to do so and without notice to or demand on the Grantor; (f) the Lender may engage <br />such agent or agents as the Lender may deem appropriate, either in the Lender's name or in the Grantor's <br />name, to rent and manage the Premises, including the collection and application of the Rents; and (g) the <br />Lender may do all such other things and acts with respect to the Premises, the Leases and the Rents as the <br />Lender may deem appropriate and may act exclusively and solely in the place and stead of the Grantor. The <br />Lender has all of the powers of the Grantor for the purposes stated above. The Lender shall not be required <br />to do any of the foregoing acts or things and the fact that the Lender shall have performed one or more of <br />the foregoing acts or things shall not require the Lender to do any other specific act or thing. The foregoing <br />rights and remedies of the Lender are in addition to and not in limitation of the rights and remedies of the <br />Lender at law, in equity, under this Deed of Trust or under any of the other Related Documents. The <br />exercise by the Lender of any of the foregoing rights and remedies shall not constitute a cure or waiver of <br />any default in the payment or performance of any of the Liabilities or of any default under this Deed of <br />Trust. <br />Any Rents received by the Lender shall be applied against the Liabilities in such order or manner as the <br />Lender shall elect in its sole discretion. <br />The Grantor hereby irrevocably authorizes and directs the tenants under the Leases to pay the Rents to the <br />Lender upon written demand by the Lender, without further consent of the Grantor. The tenants may rely <br />7 <br />