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206206623 concurrently with whatever rights it may have in connection with such other security or in such order as it may determine. Section 3.9 Surrender of Premises. (a) Upon the occurrence of any Event of Default and pending the exercise by Trustee or Beneficiary or their agents or attorneys of their right to exclude a Trustor from all or any part of the Premises, each Trustor agrees to vacate and surrender possession of the Premises to Trustee or Beneficiary, as the case may be, or to a receiver, if any, and in default thereof may be evicted by any summary action or proceeding for the recovery of possession of premises for nonpayment of rent, however designated. (b) In the event that there is a Trustee's sale hereunder and if at the time of such sale a Trustor or its heirs, personal representative, executor, administrator, successor or assign is occupying the Premises or any part thereof so sold, each and all shall immediately become the tenant of the purchaser at such sale, which tenancy shall be a tenancy from day to day terminable at the will of either tenant or landlord, at a reasonable rental per day based upon the value of the Premises, such rental to be due daily to said purchaser. An action of forcible detainer shall lie if the tenant holds over after a demand in writing for possession of the Premises; and this Deed of Trust and the trustee's deed shall constitute a lease and agreement under which the tenant's possession arose and continued. (c) In the event ownership of the Property or any portion thereof becomes vested in a person other than a Trustor (as herein named), Beneficiary may, without notice to such Trustor (as herein named), whether or not Beneficiary has given written consent to such change in ownership, deal with such successor or successors in interest with reference to this Deed of Trust and the indebtedness secured hereby, and in the same manner as with a Trustor, without in any way compromising or discharging such Trustor's liability hereunder or under the indebtedness hereby secured. (d) Should a Trustor fail to make any payment or to do any act required under the terms of the Credit Agreement or this Deed of Trust, then Beneficiary or Trustee may, without obligation so to do, upon reasonable prior notice to each Trustor and without releasing each Trustor from any obligation thereunder, (i) Make any such payment or do or perform any such acts in such manner and to such extent as either Beneficiary or Trustee in its sole discretion may determine to be necessary to proper to preserve the value of the Property and/or to protect the security of this Deed of Trust; or (ii) Do or perform any acts which a Trustor is obligated hereunder to do or perform; or _Deed of Trust. _12.__..