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<br />8~ ''''''- 0 0 4 7 3 8 <br /> <br />I <br /> <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 />at torney 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 jiIdgment 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 P' "formance of any of the <br />provisions hereof, Trustor agree~ Lr. jeliver such rents and <br />deposits LO the Beneficiary. D(. ^~very 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. <br /> <br />11, Leased Premises, Wi thin 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 /> <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 permi t any even t to occur which would <br />entitle the lessee thereunder to tenninate 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) 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 />impairing 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 (f) 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, <br /> <br />L <br /> <br />12. Condemnation, If title to any part of the Property shall <br />be taken in condemnation proceedings, by right of eminent <br />domain 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 Bene fie iary who shJa\1 apply ~ such <br />awards, damages and proceeds to the sums secur.-eu DY Lne 1 rus L <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 Trust Property to its former <br />condition substantially to the extent that the same may be <br />feasible and so as to constitute a complete and usable unit. <br /> <br />-4- <br />