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<br />200600614
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<br />Trustee, or their agents, in the exercise of the powers granted herein. Trustor shall give prompt
<br />notice to Beneficiary of any default by any lessee or tenant under any Lease, and of any notice of
<br />default on the part of Trustor under any Lease received from a lessee or tenant thereunder,
<br />together with an accurate and complete copy thereof.
<br />d) To pay to Beneficiary immediately upon demand all sums expended under the authority hereof,
<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
<br />any Secured Obligation and shall be secured hereby.
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<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
<br />of any Default, the License shall be automatically revoked, and Beneficiary or Trustee may, at
<br />Beneficiary's option and without notice, either in person or by agent, with or without bringing any action,
<br />or by a receiver to be appointed by a court: (a) enter, take possession of, manage and operate the
<br />Subject Property or any part thereof; (b) make, cancel, enforce or modify any Lease; (c) obtain and
<br />evict tenants, fix or modify Rents, and do any acts which Beneficiary or Trustee deems proper to
<br />protect the security hereof; and (d) either with or without taking possession of the Subject Property, in
<br />its own name, sue for or otherwise collect and receive all Rents, including those past due and unpaid,
<br />and apply the same in accordance with the provisions of this Deed of Trust. The entering and taking
<br />possession of the Subject Property, the collection of Rents and the application thereof as aforesaid,
<br />shall not cure or waive any Default, nor waive, modify or affect any notice of default hereunder, nor
<br />invalidate any act done pursuant to any such notice. The License shall not grant to Beneficiary or
<br />Trustee the right to possession, except as provided in this Deed of Trust.
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<br />ARTICLE IV. RIGHTS AND DUTIES OF THE PARTIES
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<br />4.1 Ii1l.e... 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.
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<br />4.2 Taxes and Assessments. 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
<br />delinquency all taxes, assessments, levies and charges imposed: (a) by any public or quasi.public
<br />authority or utility company which are or which may become a lien upon or cause a loss in value of the
<br />Subject Property or any interest therein; or (b) by any public authority upon Beneficiary by reason of its
<br />interest in any Secured Obligation or in the Subject Property, or by reason of any payment made to
<br />Beneficiary pursuant to any Secured Obligation; provided however, that Trustor shall have no obligation
<br />to pay any income taxes of Beneficiary. Promptly upon request by Beneficiary, Trustor shall furnish to
<br />Beneficiary satisfactory evidence of the payment of all of the foregoing. Beneficiary is hereby
<br />authorized to request and receive from the responsible governmental and non~governmental personnel
<br />written statements with respect to the accrual and payment of any of the foregoing.
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<br />4.3 Performance of Secured Obligations. Trustor shall promptly pay and perform each Secured
<br />Obligation when due.
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<br />4.4 Liens. Encumbrances and Chan;les. Trustor shall immediately discharge any lien on the Subject
<br />Property not approved by Beneficiary in writing. Except as otherwise provided in any Secured
<br />Obligation or other agreement with Beneficiary, Trustor shall pay when due all obligations secured by or
<br />reducible to liens and encumbrances which shall now or hereafter encumber the Subject Property,
<br />whether senior or subordinate hereto, including without limitation, any mechanics' liens.
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