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200011/30 thereof; (b) cancel, enforce or modify any Lease, and fix or modify rents, and do any acts which American Family deems proper to protect the security hereof, with or without taking possession of the Premises; or (c) apply for the appointment of a receiver in accordance with applicable law, to which receivership Borrower hereby irrevocably and unequivocally consents, and which receivership shall collect the rents and profits and all other income of any kind, manage the Premises so to prevent waste, execute any Lease within or beyond the period of receivership, and perform the terms of this Trust Deed and apply the rents and profits as hereinafter provided. The entering upon and taking possession of the Premises, the appointment of a receiver, the collection of such rents and profits and the application thereof as aforesaid, shall not cure or waive any Event of Default under this Trust Deed nor in any way operate to prevent American Family from pursuing any other remedy which it may now or hereafter have under the terms of any Loan Document nor shall it in any way be deemed to constitute American Family a mortgagee -in- possession. The rights hereunder shall in no way be dependent upon and shall apply without regard to whether the Premises are adequate to discharge the Indebtedness. The rights contained herein are in addition to and shall be cumulative with the rights given in the Assignment and, to the extent inconsistent with the terms of this Section 2.4, the terms of the Assignment shall control. Borrower indemnifies and holds American Family harmless from any and all expenses, liability, loss or damage which it might incur under said Leases, or under or by reason of this assignment, except this indemnity shall not apply to any liability to the extent caused by the gross negligence or willful misconduct of American Family. American Family may apply any of said rents and profits received to the costs and expenses of collection, including reasonable attorneys' and paralegals' fees and costs, to the payment of Impositions, Insurance Premiums and expenditures for upkeep, operation and evaluation of the Premises, to the performance of Borrower's obligations under any Lease, to the performance of any of Borrower's covenants under the Loan Documents, and to any Indebtedness all in such order as American Family may determine. Borrower represents and agrees that no rent has been or will be paid by any person in possession of any portion of the Premises for more than one (1) month in advance and that the payment of rents for any portion of the Premises has not been or will not be waived, released, reduced, discounted, or otherwise discharged or compromised by Borrower. Following an Event of Default, Borrower shall not exercise any right of offset against any person in possession of any portion of the Premises. Borrower further agrees that Borrower will not execute or agree to any subsequent assignment of any rents or profits from the Premises, without the prior written consent of American Family. SECTION 2.5 AMERICAN FAMILY'S RIGHT TO PERFORM UNDER LEASES. If an Event of Default occurs, or if Borrower fails to perform, comply with or discharge any of its obligations under any Lease, or if American Family becomes aware of, or is notified by any Tenant, of any failure on the part of Borrower to so perform, comply with or 24