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<br /> 99 109361
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<br /> 9. Assignment of Rents; Manaqement of Property. As
<br /> additional security hereunder, Borrower hereby assigns to Lender
<br /> the rents, issues and profits of the Property, provided that
<br /> Borrower shall, prior to acceleration under paragraph il hereof
<br /> or abandonment of the Property, have the right to collect and
<br /> retain "such rents, issues and profits as they become due and
<br /> payable. Upon acceleration or abandonment of the Property,
<br /> Lender may, either in person or by agent, with or without
<br /> bringing any action or proceeding, or by a receiver appointed by
<br /> a court and without regard to the adequacy of its security, enter
<br /> upon and take possession of the property, or any part thereof, in
<br /> its own name or in the name of the Trustee, and do any acts which
<br /> it deems necessary or desirable to preserve the value,
<br /> marketability or rentability of the Property, or any part thereof
<br />� or interest therein, increase the income therefrom or protect the
<br />� security hereof and, with or without taking possession of the
<br /> Property, sue for or otherwise collect the rents, issues and
<br /> profits thereof, including those past due and unpaid, and apply
<br /> the same, less costs and expenses of operation and collection,
<br /> including attorneys' fees, upon any indebtedness secured hereby,
<br /> all in such order as Lender may determine. The entering upon and
<br /> taking possession of the Property, the collection of such rents,
<br />� issues and profits and the application thereof as aforesaid, ,
<br /> shall not cure or waive any default or notice of default
<br /> hereunder or invalidate any act done in response to such default
<br /> or pursuant to such notice of default and, notwithstanding the
<br /> continuance in �ossession of the Property or the collection,
<br /> receipt and application of rents, issues or profits, and Trustee
<br /> and Lender shall be entitled to exercise every right provided for
<br /> in any of the Loan Instruments or by law upon occurrence of any
<br />� Event of Default, including, without limitation, the right to
<br /> exercise the power of sale. Further, Lender's rights and
<br /> remedies under this paragraph 9 shall be cumulative with, and in
<br /> no way a limitation on, Lender's rights and remedies under any
<br /> Assignment of Leases and Rents recorded a�ainst the Property.
<br /> Lender, Trustee and the receiver shall be liable to account only
<br /> for those rents actually received.
<br /> 10. Events of Default. The following shall constitute an
<br />; Event of Default under this Deed of Trust:
<br /> (a) Failure to pay any installment of principal
<br /> or interest or any other sum secured hereby when due,
<br /> or failure to pay when due any other indebtedness of
<br /> Bcrrower to Lender;
<br /> (b) A breach of or d�fault under any provision
<br /> contained in the Note, this Deed of Trust, any of the
<br /> Loan Instruments, or any other encumbrance upon the
<br /> Pro�erty, after giving.effect to any applicable cure
<br /> period contained therein;
<br /> (c) A writ of execution or attachment or any
<br /> similar process shall be entered against Borrower
<br /> which shall become a lien on the Property or any
<br /> portion thereof or interest therein;
<br /> (d) There shall be filed by or against Borrower
<br /> an action under any present or future federal, state
<br /> or other statute, law or regulation relating to bank-
<br /> I ruptcy, insolvency or other relief for debtors; or
<br /> I there shall be appointed any trustee, receiver or
<br />� liquidator of Borrower or of all or an� part of the
<br /> Property, or the rents, issues or profits thereof, or
<br /> Borrbwer shall make any general assignment for the
<br /> benefit of creditors;
<br /> (e) The sale, transfer, assignment, conveyance
<br />� or further encumbrance of all or any part of or any
<br /> interest in the Property, either voluntarily or
<br /> involuntarily, without the express written consent of
<br /> Lender.
<br /> PA
<br />� GE 4
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