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88-104L107 fact shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be designated as "the person or persons legally entitled thereto. " Such request and reconveyance shall operate as a reassignment of the rents, income, issues and profits hereinbefore assigned to Beneficiary. 13. Right to Collect and Receive Rents and profits: Notwithstanding any other provisions hereof, Beneficiary hereby grants permission to Trustor to collect and retain the rents, income, issues and profits of such property as they become due and payable, but reserves the right to revoke such permission at any time by notice in writing to Trustor, mailed to.Trustor at his last known address. In any event, such permission to Trustor automatically shall be revoked upon default by Trustor in payment of indebtedness secured hereby or in the performance of any agreement hereunder, or upon the happening of an event of default, as defined in the Promissory Note secured hereby. Provided no event of default, as defined in the Promissory Note secured hereby, has occurred and is continuing, and no act or omission has occurred which with notice or the passage of time or both would constitute such an event of default, then if any of the foregoing are collected and retained by Beneficiary, Beneficiary will promptly pay over to Trustor any amount thereof which exceeds the amount of any security for the indebtedness secured hereby, enter upon and take possession of such property, or any part thereof, make, cancel, enforce or modify leases~ obtain and eject tenants, set or modify rents; in it own name sue or otherwise collect the rents, income, issues and profits thereof, including those past due and unpaid; and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby and in such order as Beneficiary may determine; and except for such application, Beneficiary shall not be liable to any person for the collection or noncollection of any rents, income, issues or profits, for the failure to assert or enforce any of the foregoing rights, nor shall Beneficiary be charged with any of the duties and obligation of a mortgagee in possession. The entering upon and taking possession of such property, the collection of such rents, income, issues or profits, the doing of other acts herein authorized, and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. Trustor shall not, without the prior written consent of Beneficiary, amend, modify or terminate any lease of the trust property after the same has been submitted to and approved by Beneficiary. 14. Judicial Foreclosure or Trustee's Sale on Default: Upon the happening of an event of default (as defined in the Promissory Note secured hereby) by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, or any agreement secured hereby, Beneficiary may declare all sums secured hereby immediately due and payable and, at the option of the Beneficiary, this Deed of Trust may be -11-