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<br />claim or claims. Although it is hereby expressly agreed that the same shall not be necessary in
<br />any event, Grantor shall, upon demand of Beneficiary, make, execute and deliver any and all
<br />assignments and other instruments sufficient for the purpose of assigning any such award or
<br />payment to Beneficiary and Trustee, free and clear of any encumbrances of any kind or nature
<br />whatsoever.
<br />6. Leases and Rents. Beneficiary and Trustee shall have the right, power and
<br />authority during the continuance of this Deed of Trust to collect the Rents, and Trustor hereby
<br />absolutely and unconditionally assigns all of such Rents to Beneficiary. Beneficiary, however,
<br />consents to Trustor's collection and retention of the Rents as they accrue and become payable so
<br />long as an Event of Default has not occurred with respect to payment of any indebtedness
<br />secured hereby. Beneficiary at any time, either in person, by agent, or by a receiver to be
<br />appointed by a court, without notice and without regard to the adequacy of any security for the
<br />indebtedness hereby secured, may (a) enter upon and take possession of the Trust Property or
<br />any part thereof, and in its own name, sue for or otherwise collect such Rents, and apply the
<br />same at its option to interest, principal or costs and expenses of operation and collection,
<br />including reasonable attorneys' fees, upon any indebtedness secured hereby, and in such order as
<br />Beneficiary may determine; (b) perform such acts of repair or protection as may be necessary or
<br />proper to conserve the value of the Trust Property; and (c) lease the same or any part thereof for
<br />such rental, term, and upon such conditions as its judgment may dictate. The right of Grantor to
<br />collect the Rents may be revoked by Beneficiary upon any default by Grantor under the terms of
<br />the Note, the Other Notes, if any, or this Deed of Trust by giving notice of such revocation to
<br />Grantor. Following such notice Beneficiary or Trustee may retain and apply the Rents toward
<br />payment of the Debt in such order, priority and proportions as Beneficiary, in its discretion, shall
<br />deem proper, or to the operation, maintenance and repair of the Trust Property, and irrespective
<br />of whether Beneficiary or Trustee shall have commenced a foreclosure of this Deed of Trust or a
<br />sale of the Trust Property pursuant to the provisions of this Deed of Trust or shall have applied or
<br />arranged for the appointment of a receiver. Grantor shall not, without the consent of Beneficiary,
<br />make, or suffer to be made, any Leases or modify or cancel any Leases or accept prepayments of
<br />installments of the Rents for a period of more than one (1) month in advance or further assign the
<br />whole or any part of the Rents. Grantor shall (a) fulfill or perform each and every provision of
<br />the Leases on the part of Grantor to be fulfilled or performed, (b) promptly send copies of all
<br />notices of default which Grantor shall send or receive under the Leases to Beneficiary, and
<br />(c) enforce, short of termination of the Leases, the performance or observance of the provisions
<br />thereof by the tenants thereunder. Nothing contained in this paragraph shall be construed as
<br />imposing on Beneficiary or Trustee any of the obligations of the lessor under the Leases.
<br />7. Maintenance of the Trust Property. Grantor shall cause the Trust Property to be
<br />maintained in good condition and repair and will not commit or suffer to be committed any waste
<br />of the Trust Property. The Improvements shall not be removed, demolished or materially altered
<br />(except for normal replacement and remodeling in accordance with its franchise agreement),
<br />without the consent of Beneficiary. Grantor shall promptly comply with all existing and future
<br />governmental laws, orders, ordinances, rules and regulations affecting the Trust Property, or any
<br />portion thereof or the use thereof. Grantor shall promptly repair, replace or rebuild all or any
<br />part of the Trust Property which may be damaged or destroyed by fire or other property hazard
<br />or casualty (including any fire or other property hazard or casualty for which insurance was not
<br />CLT 837349A
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