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<br />200700664
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<br />obligations. Trustor assigns to Beneficiary all of Trustor's right and power to modify the terms of
<br />any Lease, to accept a surrender under or terminate the term of or anticipate the Rents under any
<br />Lease, and to waive or release any lessee or tenant of or from any Lease obligations, and any
<br />attempt on the part of Trustor to exercise any such rights or powers without Beneficiary's prior
<br />written consent shall be a breach of the terms hereof.
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<br />b) At Trustor's sole cost and expense, to defend any action in any manner connected with any Lease
<br />or the obligations thereunder, and to pay all costs of Beneficiary or Trustee, including reasonable
<br />attorneys' fees, in any such action in which Beneficiary or Trustee may appear.
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<br />c) That, should Trustor fail to do any act required to be done by Trustor under a Lease, then
<br />Beneficiary or Trustee, but without obligation to do so and without notice to Trustor and without
<br />releasing Trustor from any obligation hereunder, may make or do the same in such manner and to
<br />such extent as Beneficiary or Trustee deems necessary to protect the security hereof, and, in
<br />exercising such powers, Beneficiary or Trustee may employ attorneys and other agents, and
<br />Trustor shall pay necessary costs and reasonable attorneys' fees incurred by Beneficiary or
<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.
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<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 of
<br />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 evict
<br />tenants, fix or modify Rents, and do any acts which Beneficiary or Trustee deems proper to protect the
<br />security hereof; and (d) either with or without taking possession of the Subject Property, in its own
<br />name, sue for or otherwise collect and receive all Rents, including those past due and unpaid, and apply
<br />the same in accordance with the provisions of this Deed of Trust. The entering and taking possession
<br />of the Subject Property, the collection of Rents and the application thereof as aforesaid, shall not cure or
<br />waive any Default, nor waive, modify or affect any notice of default hereunder, nor invalidate any act
<br />done pursuant to any such notice. The License shall not grant to Beneficiary or Trustee the right to
<br />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 ~ 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
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