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202404817 <br />before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property <br />shall be entirely for Beneficiary's benefit and Trustor will in no way rely on Beneficiary's inspection. <br />11. Authority to Perform. If Trustor fails to perform any duty or any of the covenants contained <br />in this Security Instrument, Beneficiary may, without notice, perform or cause them to be performed. <br />Trustor appoints Beneficiary as attorney in fact to sign Trustor's name or pay any amount necessary <br />for performance. Beneficiary's right to perform for Trustor shall not create an obligation to <br />perform, and Beneficiary's failure to perform will not preclude Beneficiary from exercising any of <br />Beneficiary's other rights under the law or this Security Instrument to the extent permitted by law. If <br />any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may <br />take all steps necessary to protect Lender's security interest in the Property, including completion of <br />the construction. <br />12. Assignment of Leases and Rents. Trustor irrevocably assigns, grants and conveys, to <br />Trustee, in trust for the benefit of Beneficiary as additional security all the right, title and interest in <br />the following (all included in "Property"): existing or future leases, subleases, licenses, guaranties <br />and any other written or verbal agreements for the use and occupancy of the Property, including any <br />extensions, renewals, modifications or replacements (all referred to as "Leases"); and rents, issues and <br />profits (all referred to as "Rents "). In the event any item listed as Leases or Rents is determined to be <br />personal property, this assignment will also be regarded as a security agreement. Trustor will promptly <br />provide Beneficiary with copies of the Leases and will certify these Leases are true and correct copies. <br />The existing Leases will be provided on execution of the assignment, and all future Leases and any <br />other information with respect to these Leases will be provided immediately after they are executed. <br />Trustor may collect, receive, enjoy and use the Rents so long as Trustor is not in default. <br />Upon default, Trustor will receive any Rents in trust for Beneficiary and will not commingle the Rents <br />with any other funds. Trustor agrees that this Security Instrument is immediately effective between <br />Trustor and Beneficiary and effective as to third parties on the recording of this Security Instrument. <br />As long as this Security Instrument is in effect, Trustor warrants and represents that no default exists <br />under the Leases, and the parties subject to the Leases have not violated any applicable law on leases, <br />licenses and landlords and tenants. <br />13. Leaseholds; Condominiums; Planned Unit Developments. Trustor agrees to comply <br />with the provisions of any lease if this Security Instrument is on a leasehold. If the Property includes <br />a unit in a condominium or a planned unit development, Trustor will perform all of Trustor's duties <br />under the covenants, by-laws, or regulations of the condominium or planned unit development. <br />14. Default. Trustor will be in default if any party obligated on the Secured Debt fails to make <br />payment when due. Trustor will be in default if a breach occurs under the terms of this Security <br />Instrument or any other document executed for the purpose of creating, securing or guarantying the <br />Secured Debt. A good faith belief by Beneficiary that Beneficiary at any time is insecure with respect <br />to any person or entity obligated on the Secured Debt or that the prospect of any payment or the value <br />of the Property is impaired shall also constitute an event of default. <br />15. Remedies on Default. In some instances, federal and state law will require Beneficiary to <br />provide Trustor with notice of the right to cure or other notices and may establish time schedules for <br />foreclosure actions. Subject to these limitations, if any, Beneficiary may accelerate the Secured Debt <br />and foreclose this Security Instrument in a manner provided by law if Trustor is in default. <br />At the option of Beneficiary, all or any part of the agreed fees and charges, accrued interest and <br />principal shall become immediately due and payable, after giving notice if required by law, upon <br />Deed Of Trust Closed End -NE <br />© 2023 Wolters Kluwer Financial Services, Inc. <br />All rights reserved. <br />07/2024 <br />2024092424.2.0.5916-J20240807Y Page 4 of 11 <br />