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�� this Deed of Trust shall be at such rate as Beneficiary shall request. THIRD: That as further security for the payment of the Note and the indebtedness thereby evidenced and the performance of all of the terms, covenants and conditions hereof, Trustor agrees that Beneficiary shall and does hereby have the right, power and authority during the continuance of this Deed of Trust to collect the rents, issues and profits of the Property and of any personal property located thereon with or without taking possession of the property affected thereby; and Trustor hereby absolutely and unconditionally assigns all such rents, issues and profits to Beneficiary. Beneficiary, however, hereby consents to Trustor's collection and retention of such rents, issues and profits as they accrue and become payable so long as trustor is not at such time in default with respect to payment of any indebtedness secured hereby or in the performance of any agreement hereunder. Upon any such default, Beneficiary may at any time, either in person, by agent, or by receiver to be appointed by a court without notice and without regard to the adequacy of any security for the indebtedness hereby secured (a) enter upon and take possession of the Property or any part thereof and in its own name sue for or otherwise collect such rents, issues and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby and in such order as Beneficiary may determine; (b) lease the same or any part thereof for such rental, term and upon such conditions as Beneficiary's judgment may dictate or terminate or adjust the terms and conditions of any existing lease or leases. Unless Trustor and Beneficiary agree otherwise in writing, any application of rents, issues or profits to any indebtedness secured hereby shall not extend or postpone the due date of the installment payments as provided in the Note or change the amount of such installments. The entering upon and taking possession of the Property, the coilection of such rents, issues and profits, and the application thereof as aforesaid, shall not waive or cure any default or notice of default hereunder, or invalidate any act done pursuant to such notice. Trustor assigns to Beneficiary, as further security for the performance of the indebtedness and obligations secured hereby, all prepaid rents and all moneys which may have been or may hereafter be deposited with Trustor by any lessee of the Property, to secure the payment of any rent or damages, and upon default in the performance of any of the provisions hereof, Trustor agrees to deliver such rents and deposits to Beneficiary. Delivery of written notice of Beneficiary's exercise of the rights granted by this paragraph THIRD to any tenant occupying the Property or any portion thereof shall be sufficient to require said tenant to pay said rent to Beneficiary until further notice. FOURTH: If there shall be filed by or against the Trustor any . petition or proceeding seeking any arrangement or composition or extension of any other relief under or pursuant to the Federal Bankruptcy Code or any other similar statute as is now or hereafter in effect, or if the trustor shall be adjudicated bankrupt or insolvent or any of Trustor's property shall have been sequestered and such decree shall have continued undischarged and unstayed for ninety (90) days after the entry thereof, then the whole of the Note and indebtedness hereby secured shall, without notice, at the option of the Beneficiary become due and payable. FIFTH: Upon default by Trustor in the payment of or performance of the terms and conditions of the Note, or any renewals, modifications or executions thereof, the payment of any other indebtedness secured hereby or in the performance of any agreement, covenant or warranty herein contained or set forth in any agreement or instrument executed by Trustor in connection with the indebtedness hereby secured, Beneficiary may declare all sums secured hereby immediately due and payable and the same shall thereupon become due and payable without presentment demand, 4