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<br />88- 101663
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<br />9. Assignment of Rents; Management of Property. As
<br />additional security hereunder, Borrower hereby assigns to Lender
<br />the rents, issues and profits of the Property, provided that
<br />Borrower shall, prior to acceleration under paragraph 11 hereof
<br />or abandonment of the Property, have the right to collect and
<br />retain such rents, issues and profits as they become due and
<br />payable. Upon acceleration or abandonment of the Property,
<br />Lender may, either in person or by agent, with or without bringing
<br />any action or proceeding, or by a receiver appointed by a court
<br />and without regard to the adequacy of its security, enter upon
<br />and take possession of the Property, or.any part thereof, in its
<br />own name or in the name of the Trustee, and do any acts which it
<br />deems necessary or desirable to preserve the value, marketability
<br />or rentability of the Property, or any part thereof or interest
<br />therein, increase the income therefrom or protect the security
<br />hereof and, with or without taking possession of the Property,
<br />sue for or otherwise collect the rents, issues and profits
<br />thereof, including those past due and unpaid, and apply the same,
<br />less costs and expenses of operation and collection, including
<br />attorneys' fees, upon any indebtedness secured hereby, all in
<br />such order as Lender may determine. The entering upon and taking
<br />possession of the Property, the collection of such rents, issues
<br />and profits and the application thereof as aforesaid, shall not
<br />cure or waive any default or notice of default hereunder or
<br />invalidate any act done in response to such default or pursuant
<br />to such notice of default and, notwithstanding the continuance in
<br />possession of the Property or the collection, receipt and applica-
<br />tion of rents, issues or profits, and Trustee and Lender shall be
<br />entitled to exercise every right provided for in any of the Loan
<br />Instruments or by law upon occurrence of any Event of Default,
<br />including, without limitation, the right to exercise the power of
<br />sale. Further, Lender's rights and remedies under this paragraph
<br />9 shall be cumulative with, and in no way a limitation on,
<br />Lender's rights and remedies under any Assignment of Leases and
<br />Rents recorded against the Property. Lender, Trustee and the
<br />receiver shall be liable to account only for those rents actually
<br />received.
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<br />10. Events of Default. The following shall constitute
<br />an Event of Default under this Deed of Trust:
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<br />(a) Failure to pay any installment of
<br />principal or interest or any other sum secured hereby
<br />when due, or failure to pay when due any other indebted-
<br />ness of Borrower to Lender;
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<br />(b) A breach of or default under any prOV1-
<br />sian contained in the Note, this Deed of Trust, any of
<br />the Loan Instruments, or any other encumbrance upon the
<br />Property, after giving effect to any applicable cure
<br />period contained therein;
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<br />(c) A writ of execution or attachment or any
<br />similar process shall be entered against Borrower which
<br />shall become a lien on the Property or any portion
<br />thereof or interest therein;
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<br />(d) There shall be filed by or against
<br />Borrower an action under any present or future federal,
<br />state or other statute, law or regulation relating to
<br />bankruptcy, insolvency or other relief for debtors; or
<br />there shall be appointed any trustee, receiver or
<br />liquidator of Borrower or of all or any part of the
<br />Property, or the rents, issues or profits thereof, or
<br />Borrower shall make any general assignment for the
<br />benefit of creditors;
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<br />(e) The sale, transfer, assignment, convey-
<br />ance or further encumbrance of all or any part of or
<br />any interest in the Property, either voluntarily or
<br />lnvoluntarily, without the express written consent of
<br />Lender;
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