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$5--® 000407 <br />the Property or any part thereof, and in its own name sue for <br />or otherwise collect such rents, issues and profits, including <br />those past due and unpaid, and apply the same, less costs and <br />expenses of operation and collection, including reasonable <br />attorney fees, upon any indebtedness secured hereby, and in <br />such order as Beneficiary may determine; (b) perform such acts <br />of repair or protection as may be necessary or proper to <br />conserve the value of the Property; (c) lease the same or any <br />part thereof for such rental, term, and upon such conditions as <br />its judgment may dictate. Unless Trustor and Beneficiary agree <br />otherwise in writing, any application of rents, issues or <br />profits to any indebtedness secured hereby shall not extend or <br />postpone the due date of the installment payments as provided <br />in said promissory note or change the amount of such <br />installments. The entering upon and taking possession of the <br />Property, the collection of such rents, issues and profits, and <br />the application thereof as aforesaid, shall not waive or cure <br />any default or notice of default hereunder, or invalidate any <br />act done pursuant to such notice. Trustor also assigns to <br />Beneficiary, as further security for the performance of the <br />obligations secured hereby, all prepaid rents and all monies <br />which may have been or may hereafter be deposited with said <br />Trustor by any lessee of the Property, to secure the payment of <br />any rent, and upon default in the performance of any of the <br />provisions hereof, Trustor agrees to deliver such rents and <br />deposits to the Beneficiary. Delivery of written notice of <br />Beneficiary's exercise of the rights granted herein, to any <br />tenant occupying said premises shall be sufficient to require <br />said tenant to pay said rent to the Beneficiary until father <br />notice. <br />11. Leased Premises. Within 10 days after demand, Trustor <br />shall Furnish -to Trustee a schedule certified to be true, <br />setting forth all leases of space in the Trust Property then in <br />effect, including, in each case, the name of the tenants and <br />occupants, a description of the space occupied by such tenant <br />and occupant, the rental payable for such space and such other <br />information and documents with respect to such leases and <br />tenancies as the Trustee may request. <br />Without the prior written consent of Trustee, Trustor <br />shall not, directly or indirectly, with respect to any lease of <br />space in the described premises, whether such lease is now or <br />hereafter in existence; (1) ..accept or permit any prepayment, <br />discount or advance rent payable thereunder; (b) cancel or <br />terminate the same, or accept any cancellation, termination or <br />surrender thereof, or permit any event to occur which would <br />entitle the lessee thereunder to terminate or cancel the same; <br />(c) amend or modify the same so as to reduce: the term thereof, <br />the rental payable thereunder, or to change any renewal pro- <br />visions therein contained; (d) waives any default ther.e:under or <br />breach thereof; (e) give any consent, waiver or approval <br />thereunder or take any other action in connection therewith, or <br />with a lessee thereunder, which would have the effect of <br />impairing the value ofd lessor's interest. thereunder, on the <br />Property subject thereto, or ofd impairing the position car <br />interest of the 'Trustee or Beneficiary, or (f) :;cell, assign, <br />pledge, mortgage or otherwise dispose of', or encumber, its <br />interest in any such Tease or any rents, issues or profits <br />issuing, or arising thereunder. <br />12. Condemnation. It title to any part of the Property shall <br />be taken r�.._<c�ndrmnati<an procrzeclini;s, by right, of eminent <br />domain or zsimilar action, or shall be sold under threat of <br />condemnation, all awards, damages .inei prose c cis aart� hereby <br />assigned and shall he p.tid to lienefaciary wild ;hall .apply :such <br />awards, damages and procueds to the sums sUcure,d by the 9'rust <br />Deed, with the €excess, if any, trail tc, they Trustor. Trustor <br />wil l promptly, and with slue, di I igenccr, rc p air, .A ter and re- <br />:tore the re:maa i ning part of the 'rrur >t Propert y to i t s fortatvr <br />condition substantially t0 tile, f °xte'tlt IhHt t 11 S; ailll e' in.ly he <br />feaasiblr arld ;o as to ''onv.t i I ate a rmlplc tr Rnci c unit . <br />•a i <br />