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200313159 disaffirm any lease made subsequent to this Deed of Trust or subordinated to the lien hereof. All rents and payments received by Trustor after Beneficiary has exercised any of its rights under this assignment shall be held by Trustor in trust for Beneficiary and shall be delivered to Beneficiary immediately without demand. Beneficiary shall not be obligated to perform or discharge any obligation or liability of the landlord under any of said leases, and Trustor shall and does hereby agree to indemnify and hold Beneficiary harmless of and from any and all expenses, liability, loss or damage which it might incur under said leases or under or by reason of this Deed of Trust. Any amounts incurred by Beneficiary in connection with its rights hereunder, including costs, expenses and attorneys' fees, shall bear interest thereon at the Default Rate stated in the Note, shall be additional Indebtedness, and Trustor shall reimburse Beneficiary therefor immediately upon demand. Beneficiary may apply any of said rents and profits received to the costs and expenses of collection, including attorneys' fees, to the payment of taxes, assessments and insurance premiums and expenditures for the upkeep of the Premises, to the performance of the landlord's obligations under the lease, to the performance of any of Trustor's covenants hereunder, and to any Indebtedness in such order as Beneficiary may determine. The entering upon and taking possession of the Premises, the collection of such rents and profits and the application thereof as aforesaid shall not cure or waive any Event of Default under this Deed of Trust nor in any way operate to prevent Beneficiary from pursuing any other remedy which it may now or hereafter have under the terms of this Deed of Trust nor shall it in any way be deemed to constitute Beneficiary a mortgagee -in- possession. The rights hereunder shall in no way be dependent upon and shall apply without regard to whether the Premises are in danger of being lost, materially injured or damaged or whether the Premises are adequate to discharge the Indebtedness. Trustor represents and agrees that no rent has been or will be paid by any person in possession of any portion of the Premises for more than one installment in advance and that the payment of none of the rents to accrue for any portion of the Premises has been or will be waived, released, reduced, discounted, or otherwise discharged or compromised by Trustor. Trustor waives any right of set off against any person in possession of any portion of the Premises. Trustor further agrees that Trustor will not execute or agree to any subsequent assignment of any of the rents or profits from the Premises without the prior written consent of Beneficiary. ARTICLE 7. RIGHTS OF BENEFICIARY SECTION 7.1 Right to Cure Event of Default. If Trustor shall fail to comply with any of the covenants or obligations of this Deed of Trust, Beneficiary may, but shall not be obligated to, without demand upon Trustor, and without waiving or releasing Trustor from any obligation in this Deed of Trust contained, remedy such failure, and Trustor agrees to repay upon demand all sums incurred by Beneficiary in remedying any such failure together with expenses and attorneys' fees and with interest at the Default Rate as defined under the terms of the Note. All such sums, together with interest as aforesaid shall become Indebtedness. No such advance shall be deemed to relieve Trustor from any failure hereunder. 15311/53;09/30/03 - 18 -