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200804918 and exercising reasonably prudent business judgment and without reducing the value of the Premises as collateral hereunder, nor borrow against, pledge or assign any rentals due under the leases nor consent to a subordination or assignment of the interest of a tenant thereunder to any party other than Mortgagee, nor anticipate the rents thereunder for more than one (1) month in advance or reduce the amount of rents and other payments thereunder, nor waive, excuse, condone or in any manner release or discharge a tenant of or from any obligations, covenants, conditions and agreements to be performed nor incur any indebtedness to a tenant, nor enter into any additional leases of all or any part of the Premises except in the ordinary course of business and exercising reasonably prudent business judgment and without reducing the value of the Premises as collateral hereunder without the prior written consent of Mortgagee. Mortgagor shall notify Mortgagee of default by tenants of the Premises. 6.2 Mortgagee's Right To Perform Under Leases. Should Mortgagor fail to perform, comply with or discharge any obligations of Mortgagor under any lease of all or any part of the Premises or should Mortgagee become aware of or be notified by any tenant under any lease of a failure on the part of Mortgagor to so perform, comply with or discharge its obligations under said lease, Mortgagee may, but shall not be obligated to, and without further demand upon Mortgagor, and without waiving or releasing Mortgagor from any obligation contained in this Deed of Trust, remedy such failure, and Mortgagor agrees to repay upon demand all sums incurred by Mortgagee in remedying any such failure including, without limitation, Mortgagee's attorneys fees together with interest at the Default Rate as defined under the terms of the Note. All such sums, together with interest as aforesaid, shall become an additional Indebtedness, but no such advance shall be deemed to relieve Mortgagor from any default hereunder. 6.3 Assignment of Leases and Rents. Mortgagor does hereby unconditionally and absolutely sell, assign and transfer unto Mortgagee all of the leases, rents, issues, income and profits now due and which may hereafter become due under or by virtue of any lease, whether written or verbal, or any agreement or license for the use or occupancy of the Premises, whether now existing or entered into at any time during the term of this Deed of Trust, all guaranties of any lessee's obligations under any such lease and all security deposits, it being the intention of this Deed of Trust to establish an absolute transfer and assignment of all such leases and agreements and all ofthe rents and profits from the Premises and/or Mortgagor's operation or ownership thereof unto Mortgagee, and Mortgagor does hereby appoint irrevocably Mortgagee as Mortgagor's true and lawful attorney in Mortgagor's name and stead, which appointment is coupled with an interest, to collect all of said rents and profits; provided, Mortgagor shall have the right to collect and retain such rents and profits unless and until an Event of Default exists under this Deed of Trust. 6.4 Remedies. Upon an Event of Default and whether before or after the institution of legal proceedings to foreclose the lien hereof or before or after sale thereunder or during any period of redemption, Mortgagee, without regard to waste, adequacy of the security or solvency of Mortgagor, may 18 Doc# 2675364\2