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<br />200808234
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<br />statement) for the amount thereof, including costs, expenses and reasonable attorneys' fees, and any
<br />such obligations of Trustor shall be Obligations hereunder and shall survive any foreclosure or
<br />transfer in lieu of foreclosure of this Deed of Trust and the release of this Deed of Trust.
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<br />SECTION 5.07. Assignment of Leases. (a) Subject to uara2faoh (d) below, the
<br />assignments of the Leases and the Rents under Granting Clauses VI and VII are and shall be present,
<br />absolute and irrevocable assignments by Trustor to Beneficiary and, subject to the license to Trustor
<br />under Section 5.07(b), Beneficiary or a Receiver appointed pursuant to Section 5.05(d) (as the case
<br />may be as the Person exercising the rights under this Section) shall have the absolute, immediate and
<br />continuing right to collect and receive all Rents now or hereafter, including during any period of
<br />redemption, accruing with respect to the Premises. At the request ofBeneflciary or such Receiver,
<br />Trustor shall promptly execute, acknowledge, deliver, record, register and file any additional general
<br />assignment of the Leases or specific assignment of any Lease which Beneficiary or such Receiver
<br />may require from time to time (all in form and substance reasonably satisfactory to Beneficiary of
<br />such Receiver) to effectuate, complete, perfect, continue or preserve the assignments of the Leases
<br />and the Rents under Grantim~ Clauses VI and VII.
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<br />(b) As long as no Event of Default exists, Trustor shall have the right under a
<br />license granted hereby, subject to Section 5.07(c). to collect all Rents upon, but not prior to fifteen
<br />(15) days before, the due date thereof.
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<br />( c) If any Event of Default exists, Beneficiary or Receiver appointed pursuant to
<br />Section 5.05(d) (as the case maybe as the Person exercising the rights under this Section) shall have
<br />the rightto do any of the following: (i) terminate the license granted under Section 5.07(b) by notice
<br />to Trustor (ii) exercise the rights and remedies provided under Section 5.04, Section 5.05 or under
<br />applicable law; (iii) as attorney in-fact or agent of Trustor, or in its own name as the Person
<br />exercising the rights under this Section and under the powers herein granted, hold, operate, manage
<br />and control the Premises and all other Mortgaged Property, either personally or by its agents,
<br />contractors or nominees, with full power to use such measures, legal or equitable, as in its discretion
<br />may be deemed proper and necessary to enforce the payment of any Rents, the Leases and other
<br />Mortgaged Property relating thereto (including actions for the recovery of Rent, actions in forcible
<br />detainer and actions in distress of Rent); (iv) cancel or terminate any Lease or sublease for any cause
<br />or on any ground which would entitle Trustor to cancel the same; (v) elect to disaffirm any Lease or
<br />sublease made subsequent hereto or subordinated to the lien hereof; and (vi) perform such other acts
<br />in connection with the management and operation of the Mortgaged Property as the Person
<br />exercising the rights under this Section in its discretion may deem proper, Trustor hereby granting
<br />full power and authority to exercise each and every one of the rights, privileges and powers
<br />contained herein at any and all times while an Event of Default exists without notice to Trustor.
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<br />(d) Nothing in this Section 5.07 shall be construed to be an assumption by the
<br />Person exercising the rights under this Section, or to otherwise make such Person liable for the
<br />performance, of any of the obligations of Trustor under the Leases.
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<br />SECTION 5,08. Sales, Except as otherwise provided herein, to the extent pennitted
<br />under applicable law, at the election of Beneficiary, the following provisions shall apply to any sale
<br />of the Mortgaged Property hereunder, whether made pursuant to the power of sale hereunder, any
<br />judicial proceeding, or any judgment or decree of foreclosure or sale or otherwise;
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