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84 - 005508 r Trustor also ass~gns to Beneficiary, as further security for the performance of the obligations secured hereby, all prepaid rents and all moni')s which may have been or may hereafter be deposited with Trustor by any lessee or tenant of the Property, to secure the payment of any rent or damages, and upon default in the performance of e...71Y of the pro'\-1.sions hereof -' Tru~tor agrees to deliver such rents and deposits to Beneficiary. Delivery of written notice of Beneficiary's exercise of the rights granted herein, to any tenant occuDVine: said premises shall be sufficient to reauire said lessee or tenant tQ pay -s"aid ~ rent to the Beneficiary until further notice. Nothing contained ill this Section 1.08(a) or elsewhere in this Deed of Trust shall be construed to make Beneficiary a mortgagee in possession unless and until Beneficiary actually takes possession of the Property either in person or through an agent or receiver. (b) Without the prior written consent of Beneficiary being first had and obtained, Trustor will not (i) execute an assignment of any of'its right, title or interest in the Rents and Profits, or (ii) except where the lessee is in default thereunder, terminate or consent to the cancellation or surrender of any lease of the Property or of any part thereof, now existing or hereafter to be made, or (iii) modify any lease of the Property or any part thereof so as to shorten the unexpired term thereof or so as to decrease the amount of. the rent payable thereunder, or (iv) accept prepayments of any installments of rent to become due under any of said leases in excess of one (1) month's rental or prepayments in the nature of security for the performance of. the lessee's oblig&tions thereunder in e:L.'lS of an amount equal to one (1) month's rental, or (v) hi any oth.F .' :mller imp":l' the value of the Property or the security of this I: eed of Tr~_:. (c) Trustor will not execute without Beneficiary's written approval any lease of all or a substantial portion of the Property greater than the period of one year, and will at all times promptly and faithfully perform, or cause to be performed; all of the covenants, conditions and agreements contained in all leases of the Property now or hereafter existin!;,. cy. the part of the lessor thereunder to be kept and performed. (d) Trustor shall furnish to Beneficiary, within thirty (30) days after a request by Beneficiary to do so, a written statement containing the names of all lessees of the Property, the terms of their respective leases, the spaces occupied and the rentals payable thereunder and a copy of each such lease. 1.09 Attornment. To the extent not provided by appiicable law, each new lease of the Property or any part thereof shall provide that, in the event of the enforcement by Trustee or Beneficiary of the remedies provided for by law or by this Deed of Trust, the lessee thereunder will, if requested by Beneficiary or by any person succeeding to the interest of Trustor as the result of said enforcement, automatically become the lessee of any such suc- cessor in interest. without any change in the terms or other provisions of the respective lease; provided, however. that said successor in interest shall not be bound by 0) any payment of rent or additional rent for more tha.'1 one (1) month in advance, except prepayments in the nature of security for the performance by said lessee of its obligations under said lease not in excess of an amount equal to one (1) month's rental, or (ii) any amendment or modi- fication in the lease made without the consent of Beneficiary or any succeasor in interest. Each lease shall also provide that, upon request by said successor in interest, the lessee shall execute and deliver an instrument or instruments confirming its attornment. I L.. 1.10. Subordinate Mortgage. Without the prior written consent of Beneficiary being first had and obtained, Trustor will not execute or deliver any pledge, security agreement. mortgage or deed of trust covering all or any portion of the Property ("Subordinate Mortgage"). Beneficiary's consent shall not be unreasonably withheld. If Beneficiary consents to the foregoing or in the event the foregoing prohibition is determined by a court of com- petent jurisdiction to be unenforceable under the provisions of any applicable law. Trustor will not execute or deliver any Subordinate Mortgage unless there shall have been delivered to Beneficiary not less than ten (10) days prior to the date thereof a copy thereof which shall contain express covenants to the effect that: --8-