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~oo9o5s~9 2.9 Assignments. The Trustor will not assign, in whole or in part, without the Beneficiary's prior written consent, the rents, issues or profits arising from the Premises. 2.10 Right of Inspection. The Beneficiary may at all reasonable times, after prior reasonable notice, enter and inspect the Premises. 2.11 Waivers by Trustor. To the greatest extent that such rights may then be lawfully waived, the Trustor hereby agrees for itself and any persons claiming under the Deed of Trust that it will waive and will not, at any time, insist upon or plead or in any manner whatsoever claim or take any beneftt or advantage of (a) any exemption, stay, extension or moratorium law now or at any time hereafter in force; (b) any law now or hereafter in force providing for the valuation or appraisement of the Premises or any part thereof prior to any sale or sales thereof to be made pursuant to any provision herein contained or pursuant to the decree, judgment or order of any court of competent jurisdiction; (c) to the extent permitted by law, any law now or at any time hereafter made or enacted granting a right to redeem from foreclosure or any other rights of redemption in connection with foreclosure of, or exercise of any power of sale under, this Deed of Trust; (d) any statute of limitations now or at any time hereafter in force; or (e) any right to require marshalling of assets by the Beneficiary. 2.12 Assignment of Rents and Leases. The Trustor assigns and transfers to the Beneficiary, as additional security for the Obligations, all right, title and interest of the Trustor in and to all leases which now exist or hereafter may be executed by or on behalf of the Trustor covering the Frernises and any extensions or renewals thereof, together with all Rents, it being intended that this is an absolute and present assignment of the Rents. Notwithstanding that this assignment constitutes a present assignn~.ent of leases and rents, the Trustor may collect the Rents and manage the Premises, but only if and so long as an Event of Default has not occurred. if an Event of Default occurs, the right of Trustor to collect the Rents and to manage the Premises shall thereupon automatically terminate and such right, together with other rights, powers and authorizations contained herein, shall belong exclusively to the Beneficiary. This assignment confers upon the Beneficiary a power coupled with an interest and cannot be revoked by the Trustor. Upon the occurrence of an Event of Default, the Beneficiary, at its option without notice and without seeking or obtaining the appointment of a receiver or taking actual possession of the Premises may (a) give notice to any tenant(s) that the tenant(s) should begin making payments under their lease agreement(s) directly to the Beneficiary or its designee; (b) commence a foreclosure action and file a motion for appointment of a receiver; or (c) give notice to the Trustor that the Trustor should collect all Rents arising from the Premises and remit them to the Beneficiary upon collection and that the Trustor should enforce the terms of the lease(s) to ensure prompt payment by tenant(s) under the lease(s). All Rents received by the Trustor shall be held in trust by the Trustor for the Beneficiary. All such payments received by the Beneficiary may be applied in any manner as the Beneficiary determines to payments required under this Deed of Trust, the Loan Documents and the Obligations. The Trustor agrees to hold each tenant harmless from actions relating to tenant's payment of Rents to the Beneficiary. #1407888 v6 den Page 5