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200508354
<br />including reasonable attorneys' fees, together with interest thereon at the highest rate per annum
<br />payable under any Secured Obligation, and the same, at Beneficiary's option, may be added to any
<br />Secured Obligation and shall be secured hereby.
<br />3.3 License. Beneficiary confers upon Trustor a license ( "License ") to collect and retain the Rents as,
<br />but not before, they come due and payable, until the occurrence of any Default. Upon the occurrence of
<br />any Default, the License shall be automatically revoked, and Beneficiary or Trustee may, at Beneficiary's
<br />option and without notice, either in person or by agent, with or without bringing any action, or by a
<br />receiver to be appointed by a court: (a) enter, take possession of, manage and operate the Subject
<br />Property or any part thereof; (b) make, cancel, enforce or modify any Lease; (c) obtain and evict tenants,
<br />fix or modify Rents, and do any acts which Beneficiary or Trustee deems proper to protect the security
<br />hereof; and (d) either with or without taking possession of the Subject Property, in its own name, sue for
<br />or otherwise collect and receive all Rents, including those past due and unpaid, and apply the same in
<br />accordance with the provisions of this Deed of Trust. The entering and taking possession of the Subject
<br />Property, the collection of Rents and the application thereof as aforesaid, shall not cure or waive any
<br />Default, nor waive, modify or affect any notice of default hereunder, nor invalidate any act done pursuant
<br />to any such notice. The License shall not grant to Beneficiary or Trustee the right to possession, except
<br />as provided in this Deed of Trust.
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<br />4.1 Tag, Trustor warrants that, except as disclosed to Beneficiary prior to the date hereof in a writing
<br />which refers to this warranty, Trustor lawfully possesses and holds fee simple title to, or if permitted by
<br />Beneficiary in writing a leasehold interest in, the Subject Property without limitation on the right to
<br />encumber, as herein provided, and that this Deed of Trust is a valid lien on the Subject Property and all
<br />of Trustor's interest therein.
<br />4.2 Taxes and Asse5sments. Subject to the right, if any, of Trustor to contest payment of the following
<br />pursuant to any other agreement between Trustor and Beneficiary, Trustor shall pay prior to delinquency
<br />all taxes, assessments, levies and charges imposed: (a) by any public or quasi- public authority or utility
<br />company which are or which may become a lien upon or cause a loss in value of the Subject Property or
<br />any interest therein; or (b) by any public authority upon Beneficiary by reason of its interest in any
<br />Secured Obligation or in the Subject Property, or by reason of any payment made to Beneficiary
<br />pursuant to any Secured Obligation; provided however, that Trustor shall have no obligation to pay any
<br />income taxes of Beneficiary. Promptly upon request by Beneficiary, Trustor shall furnish to Beneficiary
<br />satisfactory evidence of the payment of all of the foregoing. Beneficiary is hereby authorized to request
<br />and receive from the responsible governmental and non - governmental personnel written statements with
<br />respect to the accrual and payment of any of the foregoing.
<br />4.3 Performance of Secured Obligations Trustor shall promptly pay and perform each Secured
<br />Obligation when due.
<br />4.4 Ugos. Encumbrancgs . Trustor shall immediately discharge any lien on the Subject
<br />Property not approved by Beneficiary in writing. Except as otherwise provided in any Secured Obligation
<br />or other agreement with Beneficiary, Trustor shall pay when due all obligations secured by or reducible
<br />to liens and encumbrances which shall now or hereafter encumber the Subject Property, whether senior
<br />or subordinate hereto, including without limitation, any mechanics' liens.
<br />4.5 !nsuMoce. Trustor shall insure the Subject Property against loss or damage by fire and such other
<br />risks as Beneficiary shall from time to time require. Trustor shall carry public liability insurance, flood
<br />insurance as required by applicable law and such other insurance as Beneficiary may reasonably
<br />require, including without limitation, business interruption insurance or loss of rental value insurance.
<br />Trustor shall maintain all required insurance at Trustor's expense, under policies issued by companies
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