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209609881 mortgagee -in- possession or otherwise responsible or liable in any manner with respect to the Property Leases, the Property or the use, occupancy, enjoyment or operation of all or any portion thereof, unless and until Beneficiary, in person or by agent, assumes actual possession thereof. Nor shall the appointment of any receiver for the Property by any court at the request of Beneficiary or by agreement with Grantor, or the entering into possession of any part of the Property by such receiver, be deemed to make Beneficiary a mortgagee -in- possession or otherwise responsible or liable in any manner with respect to the Property Leases, the Property or the use, occupancy, enjoyment or operation of all or any portion thereof. (c) If Beneficiary or a receiver enters upon, takes possession of and maintains control of the Property, all Revenues thereafter collected shall be applied first to the costs of taking control of and managing the Property and collecting the Revenues, including, but not limited to, reasonable attorneys' fees actually incurred, receiver's fees, premiums on receiver's bonds, costs of repairs to the Property, premiums on insurance policies, Impositions and other charges on the Property, and the costs of discharging any obligation or liability of Grantor as landlord, lessor or licensor of the Property and then to the Secured Obligations, in the manner set forth in the Loan Agreement. Beneficiary and/or the receiver shall have access to the books and records used in the operation and maintenance of the Property and shall be liable to account only for those Revenues actually received. Beneficiary shall not be liable to Grantor, anyone claiming under or through Grantor or anyone having an interest in the Property by reason of anything done or left undone by Beneficiary pursuant to Par graph 18 hereof. If the Revenues are not sufficient to meet the costs of taking control of and managing the Property and collecting the Revenues, any monies expended by Beneficiary for such purposes shall become a portion of the Secured Obligations, Unless Beneficiary and Grantor agree in writing to other terms of payment, such amounts shall be payable upon notice from Beneficiary to Grantor requesting payment thereof and shall bear interest from the date of disbursement at the Default Rate, unless payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Grantor under applicable law. The entering upon and taking possession of and maintaining of control of the Property by Beneficiary or the receiver pursuant to the provisions of this Deed of Trust and the application of Revenues as provided herein shall not cure or waive any Event of Default or invalidate any other right or remedy of Beneficiary hereunder. (d) At the Beneficiary's request, the Grantor shall enter into a Subordination, Nondisturbance and Attornment Agreement in form and substance reasonably acceptable to Beneficiary with respect to all Property Leases with tenants of the Property which are not Affiliates of the Grantor. 13. Property Leases and Collection of Revenues. Grantor will not, without the prior written consent of Beneficiary, enter into any Property Lease of all or any portion of the Property or amend, supplement or otherwise modify, or terminate 13 MA