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88-10002t1; r either in person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the Indebtedness, (i) enter upon and take possession of the Premises or any part thereof, and/or (ii) sue for or otherwise collect such rents, issues and profits, including those past due and unpaid, and pay over same to Beneficiary to apply the same, less costs and expenses of operation and collection, including attorneys' fees, to all or any part of the Indebtedness, and in such order as Beneficiary may determine. 2.1.3 Beneficiary I s right to direct the Trustee and the Trustee's right to collect the rents, issues and profits upon default by Mortgagor pursuant to Section 2.1. Z is in no manner conditional upon Beneficiary or Trustee first taking possession of the Premises. Should Beneficiary or Trustee enter. and take possession of the Premises, and/or collect the rents, issues and profits and apply the same as provided for herein, such act shall not cure or waive any Event of Default or notice thereof hereunder or invalidate any act done pursuant to such notice. Nothing contained herein, nor any collection of rents, issues and profi ts by Beneficiary or Trustee or a receiver, shall be con- strued to make Beneficiary a "mortgagee-in-possession" so long as Beneficiary has not itself entered into actual possession of the Premises. r:. k t. r 2.1.4 Nothing herein shall be construed to impose any liability or obligation on Beneficiary under or with respect to any Lease. Mortgagor shall indemnify and hold Beneficiary harmless from and against any and all liabilities, losses and damages (including, without limitation, reasonable attorney's fees and the allocated costs of staff counsel) incurred under any Lease or by reason of the provisions of this Section 2.1. SECTION 2.2 Security Interest in Personal Property. ~ ~. 2.2.1 This Deed of Trust shall constitute a securi ty agreement for the purposes of the Uniform Commercial Code, as enacted in the state where the Premises are located, and shall create and evidence a security interest in all the Personal Property. ~ 2.2.2 Mortgagor, immediately upon the execution and delivery of this Deed of Trust, and thereafter from time to time, shall cause this Deed of Trust, any security instrument creating or evidencing the Lien hereof in the Personal Property, and each instrument of further assurance, including Uniform Commercial Code financing statements and continuation statements, to be filed, registered or recorded in such manner and in such places as may be required by any present or future law in order to publish notice of and fully to perfect, preserve and protect the Lien hereof upon the Personal Property. In the event Mortgagor fails to execute such instruments of further assurance within ten (10) days after request for execution of the same by Beneficiary, then and in such event Mortgagor hereby appoints and authorizes ~- t ~ t,' ~ f t ~- ~. ~ ~- ~ [ I f r ~ lL I r ~ I -20- L -.J ~ L