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200907110
<br />this Deed of Trust, to collect the
<br />rents, issues and profits of the
<br />Property and of any personal property
<br />located thereon, with or without taking
<br />possession of the Property, and Trustor
<br />hereby absolutely and unconditionally
<br />assigns all such rents, issues and
<br />profits to Beneficiary. This assignment
<br />of rents, issues and profits as herein
<br />provided is intended to be an absolute
<br />assignment from Trustor to Beneficiary,
<br />contingent only upon Trustor's default
<br />hereunder or with respect to the payment
<br />of any indebtedness secured hereby, and
<br />this assignment is not merely the
<br />passing of a security interest. Trustor
<br />hereby gives to and confers upon
<br />Beneficiary the right, power and
<br />authority to collect such rents, issues
<br />and profits, and Trustor hereby
<br />irrevocably appoints Beneficiary its
<br />true and lawful attorney-in-fact, at the
<br />option of Beneficiary, at any time and
<br />from time to time, to demand, receive
<br />and enforce payment, to give receipts,
<br />releases and satisfactions, and to sue
<br />in the name of Trustor or Beneficiary,
<br />for all such rents, issues and profits,
<br />and to apply the same to the
<br />indebtedness secured hereby.
<br />Beneficiary, however, consents to the
<br />Trustor's collection and retention of
<br />such rents, issues and profits as they
<br />accrue and become payable so long as
<br />Trustor is not, at such times, in
<br />default with respect to payment of any
<br />indebtedness secured hereby or in the
<br />performance of any agreement hereunder.
<br />Upon any such default, Beneficiary may,
<br />at any time, either in person, by agent,
<br />or by a receiver to be appointed by a
<br />court, without notice and without regard
<br />to the adequacy of any security for the
<br />indebtedness hereby secured, (a) enter
<br />upon and take possession of the Property
<br />or any part thereof, and in its own name
<br />or the name of Trustor sue for or
<br />otherwise collect such rents, issues and
<br />profits with respect to the Property,
<br />including those past due and unpaid, and
<br />apply the same, less costs and expenses
<br />of operation and collection, including
<br />reasonable attorney's fees, upon any
<br />indebtedness secured hereby, and in such
<br />order as Beneficiary may determine; (b)
<br />perform such acts of repair or
<br />protection as may be necessary or proper
<br />to conserve the value of the Property;
<br />and (c) lease the Property, or any part
<br />thereof, for such rental, term and upon
<br />such conditions as its judgment may
<br />dictate. Unless Trustor and Beneficiary
<br />agree otherwise in writing, any
<br />application of rents, issues or profits
<br />to any indebtedness secured hereby shall
<br />not extend or postpone the due date of
<br />the installment payments as provided in
<br />the note or change the amount of such
<br />installments. The entering upon and
<br />taking possession of the Property, the
<br />collection of such rents, issues and
<br />profits therefrom, and the application
<br />thereof as aforesaid, shall not waive oz
<br />cure any default or notice of default
<br />hereunder, or invalidate any act done
<br />pursuant to such notice. Trustor also
<br />assigns to Beneficiary, as security for
<br />the performance of the obligations
<br />secured hereby, all prepaid rents and
<br />all monies which may have been or may
<br />hereafter be deposited with Trustor by
<br />any lessee of the Property to secure the
<br />payment of any rent, and upon default in
<br />the performance of any of the provisions
<br />hereof, Trustor agrees to deliver such
<br />rents and deposits to the Beneficiary.
<br />Delivery of written notice of
<br />Beneficiary's exercise of the rights
<br />granted herein to any tenant(s)
<br />occupying the Property shall be
<br />sufficient to require such tenants(s) to
<br />pay rent to the Beneficiary until
<br />further notice. All persons owing such
<br />rents to Trustor are hereby authorized
<br />and directed by Trustor, upon receipt of
<br />written notice from Beneficiary, to pay
<br />such rents directly to Beneficiary.
<br />10. Leased Premises - Within ten days
<br />after demand, Trustor shall furnish to
<br />Beneficiary a schedule certified to be
<br />true, setting forth all leases of space
<br />in the Property then in effect,
<br />including, in each case, the name of the
<br />tenant(s) and occupant(s), a description
<br />of the space occupied by each such
<br />tenant and occupant, the rental payable
<br />for such space and such other
<br />information and documents with respect
<br />to such leases and tenancies as the
<br />Beneficiary may request. Without the
<br />prior written consent of Beneficiary,
<br />Trustor shall not, directly or
<br />indirectly, with respect to any lease of
<br />space in the Property, whether such
<br />lease is now or hereafter in existence,
<br />(a) accept or permit any prepayment,
<br />discount or advance rent payable
<br />thereunder; (b) cancel or terminate the
<br />same, or accept any cancellation,
<br />termination or surrender thereof, or
<br />permit any event to occur which would
<br />entitle the lessee thereunder to
<br />terminate or cancel the same; (c) amend
<br />or modify the same so as to reduce the
<br />term thereof, the rental payable
<br />thereunder, or to change any renewal
<br />provisions therein contained; (d) waive
<br />any default thereunder or breach
<br />thereof; (e) give any consent, waiver or
<br />approval thereunder or take any other
<br />action in connection therewith, or with
<br />a lessee thereunder, which would have
<br />the effect of impairing the value of
<br />lessor's interest thereunder on the
<br />Property subject thereto, or of
<br />impairing the position or interest of
<br />the Trustee or Beneficiary; or (f) sell,
<br />assign, pledge, mortgage or otherwise
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