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87-- 101598
<br />8. Assignment of Rents. Beneficiary shall have the
<br />right, power and authority during the continuance of this
<br />Deed of Trust to collect the rents, issues and profits of
<br />the Property and of any personal property located thereon
<br />with or without taking possession of the property affected
<br />hereby, and Trustor hereby absolutely and unconditionally
<br />assigns all such rents, issues and profits to Beneficiary.
<br />Beneficiary, however, hereby consents to the Trustor's
<br />collection and retention of such rents, issues and profits
<br />as they accrue and become payable so long as Trustor is not,
<br />at such time, in default with respect to payment of any
<br />indebtedness secured hereby, or in the performance of any
<br />agreement hereunder. Upon any such default, Beneficiary may
<br />at any time, either in person, by agent, or by a receiver to
<br />be appointed by a court, without notice and without regard
<br />to the adequacy of any security for the indebtedness hereby
<br />secured, (a) enter upon and take possession of the Property
<br />or any part thereof, and in its own name sue for or otherwise
<br />collect such rents, issues and profits, including those past
<br />due and unpaid, and apply the same, less costs and expenses
<br />of operation and collection, including reasonable attorneys
<br />fees, upon any indebtedness secured hereby, and in such
<br />order as Beneficiary may determine; (b) perform such acts of
<br />repair or protection as may be necessary or proper to
<br />conserve the value of the Property; (c) lease the same or
<br />any part thereof for such rental, term, and upon such conditions
<br />as its judgment may dictate or terminate or adjust the terms
<br />and conditions of any existing lease or leases. Unless
<br />Trustor and Beneficiary agree otherwise in writing, any
<br />application of rents, issues or profits to any indebtedness
<br />secured hereby shall not extend or postpone the due date of
<br />the installment payments as provided in said promissory note
<br />or change the amount of such installments. The entering
<br />upon and taking possession of the Property, the collection
<br />of such rents, issues and profits, and the application
<br />thereof as aforesaid, shall not waive or cure any default or
<br />notice of default hereunder, or invalidate any act done
<br />pursuant to such notice. Trustor also assigns to Beneficiary,
<br />as further security for the performance of the obligations
<br />secured hereby, all prepaid rents and all monies which may
<br />have been or may hereafter be deposited with said Trustor by
<br />any lessee of the Property, to secure the payment of any
<br />rent or damages, and upon default in the performance of any
<br />of the provisions hereof, Trustor agrees to deliver such
<br />rents and deposits to Beneficiary. Delivery of written
<br />notice of Beneficiary's exercise of the rights granted
<br />herein, to any tenant occupying said premises shall be
<br />sufficient to require said tenant to pay said rent to the
<br />Beneficiary until further notice.
<br />9. Condemnation. If title to any part of the Property
<br />shall be taken in condemnation proceedings, by right of
<br />eminent domain or similar action, or shall be sold under
<br />threat of condemnation, all awards, damages and proceeds are
<br />hereby assigned and shall be paid to Beneficiary who shall
<br />apply such awards, damages and proceeds to the sum secured
<br />by this Deed of Trust, with the excess, if any, paid to
<br />Trustor. If Trustor receives any notice or other information
<br />regarding such actions or proceedings, Trustor shall give
<br />Prompt written notice thereof to Beneficiary. Beneficiary
<br />shall be entitled, at its option, to commence, appear in and
<br />prosecute in its own name any such action or proceedings and
<br />shall be entitled to make any compromise or settlement in
<br />connection with any such action or proceedings.
<br />10. Remedies Not Exclusive. Trustee and Beneficiary,
<br />and each o t em, s a entitled to enforce payment and
<br />performance of any indebtedness or obligations secured
<br />hereby and to exercise all rights and powers under this Deed
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