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<br />83-1lO5150
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<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 not ice. Trustor also assigns to
<br />Beneficiary, as further securi ty 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 defaul t 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 futher
<br />notice.
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<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 Tl-ust 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 />informat.ion and document s wi th respec t to such leases and
<br />tenancies as the Trustee may request.
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<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; (l) 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 />enti tIe the lessee t.hereunder to terminate or cancel the same;
<br />(c) amend or modify the same so as to reduce t.he term thereof,
<br />the rental payable thereunder., or to change any renewal pro-
<br />visions therein contained; (d) waive any default thereunder 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 />impai ring the value of lessor's interest thereunder, on the
<br />Property subject thereto, or of impairing the position or
<br />interest of the Trustee or Beneficiary; or ([) sell, assign,
<br />pledge, mortgage or otherwise dispose of, or encumber, its
<br />interest in any such lease or any rents, issues or profits
<br />issuing or arising thereunder.
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<br />12. Condemnation. If title to any part of the Property shall
<br />be taken in condemnation proceedings, by right of eminent
<br />dOll\ain or similar action, or shall be sold under threat of
<br />condemnation, all awards, damages and proceeds are hereby
<br />assigned and shall be paid to Beneficiary who shall apply such
<br />awards, damages and proceeds to the sums secured by the Trust
<br />Deed, with the excess, if any, paid to the Trustor. Trustor
<br />will promptly, and with due diligence. repair, alter and re-
<br />store the. remaining part of the Trus t Property to its former
<br />condition substantially to the extent that the same may be
<br />feasible and so as to constitute a complet.e and usable unit.
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