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200313159
<br />agent of the Trustor, or in its own name as the Beneficiary and under the powers herein granted,
<br />hold, operate, manage and control the Premises and conduct the business, if any, thereof, either
<br />personally or by its agents, and with full power to use such measures, legal or equitable, as in its
<br />discretion or in the discretion of its successors or assigns may be deemed proper or necessary to
<br />enforce the payment or security of the avails, rents, issues and profits of the Premises, including
<br />actions for the recovery of rent, actions in forcible detainer and actions in distress for rent, if an
<br />available remedy, hereby granting full power and authority to exercise each and every of the
<br />rights, privileges and powers herein granted at any and all times hereafter, without notice to the
<br />Trustor, and with full power to cancel or terminate any lease or sublease for any cause or on any
<br />ground which would entitle the Trustor to cancel the same, to elect to disaffirm any lease or
<br />sublease made subsequent to this Deed of Trust or subordinated to the lien hereof unless
<br />Beneficiary has entered into a non - disturbance agreement with such tenant, to make all necessary
<br />or proper repairs, betterments and improvements to the Premises as to it may seem judicious,
<br />insure and reinsure the same and all risks incidental to the Beneficiary's possession, operation
<br />and management thereof and to receive all of such avails, rents, issues and profits. The
<br />Beneficiary shall not be obligated to perform or discharge, nor does it hereby undertake to
<br />perform or discharge, any obligation, duty or liability under any leases and the Trustor shall and
<br />does hereby agree to indemnify and hold the Beneficiary and Trustee harmless of and from any
<br />and all liability, loss or damage which it may or might incur under said leases or under or by-
<br />reason of the assignment thereof and of and from any and all claims and demands whatsoever
<br />which may be asserted against it by reason of any alleged obligations or undertakings on its part
<br />to perform or discharge any of the terms, covenants or agreements contained in said leases.'
<br />Should the Beneficiary incur any such liability, loss or damage under said leases or under or by
<br />reason of the assignment thereof, or in the defense of any claims or demands, the amount thereof,
<br />including costs, expenses and reasonable attorneys' fees shall be secured hereby, and the Trustor
<br />shall reimburse the Beneficiary therefore immediately upon demand.
<br />SECTION 8.7 Application Of Income Received By The Beneficiary
<br />The Beneficiary in the exercise of the rights and powers hereinabove conferred upon it by
<br />Sections 6.3 and 8.6 hereof shall have full power to use and apply the avails, rents, issues and
<br />profits of the Premises to the payment of or on account of the following, in such order as the
<br />Beneficiary may determine:
<br />(a) to the payment of the reasonable operating expenses of said Premises, including
<br />cost of management and leasing thereof (which shall include reasonable
<br />compensation to the Beneficiary and its agent or agents, if management be
<br />delegated to an agent or agents, and shall also include lease commissions and
<br />other compensation and expenses of seeking and procuring tenants and entering
<br />into leases), established claims for damages, if any, and premiums on insurance
<br />hereinabove authorized;
<br />(b) to the payment of taxes and special assessments now due or which may hereafter
<br />become due on said Premises;
<br />(c) to the payment of all repairs, decorating, renewals, replacements, alterations,
<br />additions, betterments and improvements reasonably necessary for the continued
<br />15311/53;09/30/03 -23-
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