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200907310 <br />such rents, income, and profits unless and until an Event of Default exists under this Deed of <br />Trust. Upon an Event of Default and whether before or after the institution of proceedings to sell <br />the Trust Estate or foreclose this Deed of Trust or during any period of redemption, and without <br />regard to waste, adequacy of the security or solvency of the Grantor, Beneficiary may revoke, at <br />its option, the privilege granted Grantor hereunder to collect the rents, income and profits of the <br />Trust Estate,' and Benef ciary may, at its option, without notice, in person or by agent, with or <br />without taking possession of or entering the Trust Estate, with or without bringing any action or <br />proceeding, or by a receiver duly appointed, give, ox require Grantor to give, notice to any or all <br />tenants under any lease authorizing and directing the tenant to pay such rents, income and profits <br />to Beneficiary, such agent, ox receiver as the case may be; collect all of the rents, issues, income <br />and profits; enforce the payment thereof and exercise all of the rights of the landlord under any <br />lease and all of the rights of Beneficiary hereunder; enter upon, take possession of, manage and <br />operate said Trust Estate, or any part thereof; cancel, enforce ox modify any leases, and fix or <br />modify rents, and do any acts which the Beneficiary deems proper to protect the security hereof. <br />Any rents, issues, income and profits collected shall be applied to the costs and expenses of <br />operation, management and collection, including reasonable attorneys' fees, to the payment of <br />the fees and expenses of any agent or receiver so acting, to the costs incurred by the Beneficiary, <br />including attorneys' fees, to the payment of taxes, assessments, insurance premiums and <br />expenditures fox the management, repair and upkeep of the Trust Estate, to the performance of <br />landlord's obligations under any leases and to the Obligations all in such order as the Beneficiary <br />may require. The entering upon and taking possession of the Trust Estate, the collection of such <br />rents, issues, income and profits and the application thereof as aforesaid shall not cure or waive <br />any defaults under this Deed of Trust or affect any notice of default or invalidate any act done <br />pursuant to such notice nor in any way operate to prevent the Beneficiary from pursuing any <br />other remedy which it may now ox hereafter have under the terms of this Deed of Trust or any <br />other security given for the Obligations nor shall it in any way be deemed to constitute the <br />Beneficiary amortgagee-in-possession. <br />Section 7.02. Beneficiary's Right To Perform Under Leases. Should the Grantor fail <br />to perform, comply with or discharge any obligations of Grantor under any lease or should the <br />Beneficiary become aware of or be notified by any tenant under any lease of a failure on the part <br />of Grantor to so perform, comply with or discharge its obligations under said lease, Beneficiary <br />may, but shall not be obligated ta, and without further demand upon the Grantor, and without <br />waiving or releasing Grantor from any obligation in this Deed of Trust contained, remedy such <br />failure, and the Grantor agrees to repay upon demand all sums incurred by the Beneficiary in <br />remedying any such failure together with interest at the then rate in effect on the Notes. All such <br />sums, together with interest as aforesaid shall became so much additional Indebtedness Secured <br />Hereby, but no such advance shall be deemed to relieve the Grantor from any default hereunder. <br />ARTICLE VI>CI <br />MISCELLANEOUS <br />Section S.pI. Property Deemed Real Property. It is hereby declared to be the <br />intention of the Grantor that all rights of way and easements granted or given to the Grantor ar <br />obtained by it to use real property in connection with the construction, acquisition, ownership, <br />19 <br />