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<br />200808987 <br /> <br />domain, insolvency, arrangements or proceedings involving a bankrupt or decedent, then <br />Beneficiary or Trustee but without obligation to do so, and without notice to or demand upon <br />Trustor, and without releasing Trustor from any obligation hereunder, may make or do the same, <br />and may pay, purchase, contest or compromise any encumbrance, charge or lien, which in the <br />judgment of either appears to affect said Property; in exercising any such powers the Beneficiary <br />or Trustee may incur any liability and expend whatever amounts, including disbursements or <br />reasonable attorney's fees, which in their absolute discretion, may be necessary in the event that <br />Trustor shall fail to procure insurance or to pay taxes, and special assessments or to make any <br />payments to existing or prior lien holders or beneficiaries, the Beneficiary may procure such <br />insurance and make such payments. All sums incurred or expended by Beneficiary or Trustee in <br />accordance with the provisions of this Trust Deed are secured hereby and, without demand, shall <br />be immediately due and payable by Trustor and shall bear interest at the maximum allowable <br />legal rate; provided, however, that at the option of Beneficiary or Trustee such sums may be <br />added to the principal balance of any indebtedness secured hereby and shall bear the same <br />interest as such indebtedness and shall be payable ratably over the remaining term thereof. <br /> <br />8. Assignment of Rents. Beneficiary shall have the right, power and authority during <br />the continuance of this Trust Deed to collect the rents, issues and profits of the Property and of <br />any personal property located thereon with or without taking possession of the property affected <br />hereby, and Trustor hereby absolutely and unconditionally assigns all such rents, issues and <br />profits to Beneficiary. Beneficiary, however, hereby consents to the Trustor's collection and <br />retention of such rents, issues and profits as they accrue and become payable so long as Trustor <br />is not, at such times, in default with respect to payment of any indebtedness secured hereby or in <br />the performance of any agreement hereunder. Upon any such default, Beneficiary may at any <br />time, and in addition to any separate agreement entitled to "Assignment of Leases and Rents" <br />executed on even date herewith, Beneficiary may by agent, or by a receiver to be appointed by a <br />court, without notice and without regard to the adequacy of any security for the indebtedness <br />hereby secured, (a) enter upon and take possession of the Property or any part thereof, and in its <br />own name sue for or otherwise collect such rents, issues and profits, including those past due and <br />unpaid, and apply the same, less costs and expenses of operation and collection, including <br />reasonable attorney fees, upon any indebtedness secured hereby, and in such order as Beneficiary <br />may determine; (b) perform such acts of repair or protection as may be necessary or proper to <br />conserve the value of the Property; (c) lease the same or any part thereof for such rental, terms, <br />and upon such conditions as its judgment may dictate. Unless Trustor and Beneficiary agree <br />otherwise in writing, any application of rents, issues or profits to any indebtedness secured <br />hereby shall not extend or postpone the due date of the installment payments as provided in said <br />promissory note or change the amount of such installments. The entering upon and taking <br />possession of the Property, the collection of such rents, issues and profits, and the application <br />thereof as aforesaid, shall not waive or cure any default or notice of default hereunder, or <br />invalidate any act done pursuant to such notice. Trustor also assigns to Beneficiary, as further <br />security for the performance of the obligations secured hereby, all prepaid rents and all monies <br />which may ha ve been or may hereafter be deposited with said Trustor b y a ny lessee of the <br />Property, to secure the payment of any rent, and upon default in the performance of any of the <br />provisions hereof, Trustor agrees to deliver such rents and deposits to the Beneficiary. Delivery <br />of written notice of Beneficiary's exercise of the rights granted herein, to any tenant occupying <br />said premises shall be sufficient to require said tenant to pay said rent to the Beneficiary until <br /> <br />3 <br />