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200313159 than Beneficiary, nor anticipate the rents thereunder for more than one (1) month in advance or reduce the amount of rents and other payments thereunder, nor waive, excuse, condone or in any manner release or discharge a tenant of or from any obligations, covenants, conditions and agreements to be performed nor incur any indebtedness to a tenant, nor enter into any additional leases of all or any part of the Premises without the prior written consent of Beneficiary. Trustor shall notify Beneficiary of default by tenants of the Premises. SECTION 6.2 Beneficiary's Right to Perform Under Leases. Should Trustor fail to perform, comply with or discharge any obligations of Trustor under any lease of all or any part of the Premises or should Beneficiary become aware of or be notified by any tenant under any lease of a failure on the part of Trustor to so perform, comply with or discharge its obligations under said lease, Beneficiary may, but shall not be obligated to, and without further demand upon Trustor, and without waiving or releasing Trustor from any obligation contained in this Deed of Trust, remedy such failure, and Trustor agrees to repay upon demand all sums incurred by Beneficiary in remedying any such failure including, without limitation, Beneficiary's attorneys' fee together with interest at the Default Rate as defined under the terms of the Note. All such sums, together with interest as aforesaid shall become so much additional Indebtedness, but no such advance shall be deemed to relieve Trustor from any default_ hereunder. SECTION 6.3 Assignment of Leases and Rents. Trustor does hereby unconditionally and absolutely sell, assign and transfer unto Beneficiary all of the leases, rents, issues, income and profits now due and which may hereafter become due under or by virtue of any lease, whether written or verbal, or any agreement or license for the use or occupancy of the Premises, whether now existing or entered into at any time during the term of this Deed of Trust, all guaranties of any lessee's obligations under any such lease and all security deposits, it being the intention of this Deed of Trust to establish an absolute transfer and assignment of all such leases and agreements and all of the rents and profits from the Premises and/or Trustor's operation or ownership thereof unto Beneficiary and Trustor does hereby appoint irrevocably Beneficiary as Trustor's true and lawful attorney in Trustor's name and stead, which appointment is coupled with an interest, to collect all of said rents and profits; provided, Trustor shall have the right to collect and retain such rents and profits unless and until an Event of Default exists under this Deed of Trust. Trustor assigns to Beneficiary all guarantees of lessee's obligation under leases and all proceeds from settlements relating to terminations of leases and all claims for damages arising from rejection of any lease under the bankruptcy laws. Upon the occurrence of an Event of Default and whether before or after the institution of legal proceedings to foreclose the lien hereof or before or after sale thereunder or during any period of redemption existing by law, forthwith, upon demand of Beneficiary, Trustor shall surrender to Beneficiary and Beneficiary shall be entitled to enter upon and take and maintain possession of the Premises and any leases thereunder and collect and retain any rents and profits from the Premises and hold, operate, manage and control the Premises and any such leases and to do such things in its discretion as may be deemed proper or necessary to enforce the payment or security of the rents and profits of the Premises and the performance of the tenants' obligations under any leases of the Premises, with full power to cancel or terminate any lease for any cause or on any grounds which would entitle Trustor to cancel the same and to elect to 15311/53;09/30/03 -17-