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<br />for the indebtedness hereby secured, {a} enter upon and take <br />possession of the Property or any part thereof, and in its <br />i own name sue for or otherwise collect such rents, issues and <br />i profits, including those past due and unpaid, and apply the <br />same, less costs and expenses of operation and collection, <br />including reasonable attorney fees, upon any indebtedness <br />secured hereby, and in such order as Beneficiary may determine; <br />(b) perform such acts of repair or protection as may be neces- <br />sary or proper to conserve the value of the Property; {c} <br />lease the same or any part thereof for such rental, term, and <br />-upon such conditions as its judgment may dictate. Unless <br />Trustor and Beneficiary agree otherwise in writing, any appli- <br />cation of rents, issues or profits to any indebtedness secured <br />hereby shall no*_ extend or postpone the due date of the in- <br />' stallment payments as provided in said promissory note or <br />change the amount of such installments. The entering upon and <br />taking possession of the Property, the collection of such <br />rents, issues and profits, and the application thereof as <br />aforesaid, shall not waive or cure any default or notice of <br />default hereunder, or invalidate any act done pursuant to <br />such notice. Trustor also assigns to Beneficiary, as further <br />security for the performance of the obligations secured here- <br />by, all prepaid rents and all monies which may Nava been or <br />may hereafter be deposited with said Trustor by any lessee <br />of the Property, to secure the payment of any rent, and upon <br />default in the performance of any of the provisions hereof, <br />Trustor agrees to deliver such rents and degosits to the Bene- <br />ficiary. Delivery of written notice of Beneficiary's exercise <br />of the rights granted herein, to any tenant occupying said <br />premises shall be sufficient to require said tenant to pay <br />said rent to the Beneficiary until futher notice. <br />11. Leased Premises. Within 10 days after demand, Trustor <br />shall furnish to Trustee a schedule certified to be tz•ue, <br />setting f_arth all leases of space in the Trust Property then <br />in effect, including, in each case, the name of the tenants <br />and occupants, a description of the space occupied by such <br />tenant and occupant, the rental payable for such space and <br />such -ether information and documents with respect to-such <br />leases and tenancies as the Trustee may r€quest. <br />WithouC the prior written consent of Trustee, Trustor <br />shall not, dir€etly or indirectly, with respect to any lease <br />of space in the described premises, whether such lease is now <br />or hereafter in existence; (1} accept or permit any prepaym~=t, <br />discourse ar advance-rent payable thereunder; (b} cancel uz~ <br />terminate the same, or accept any cancellation, termination or <br />surrender thereof, or permit any event. to occur which would <br />entitle the lessee thereunder to terminate or cancel the same; <br />(e) amend or modify the same so as to reduce the term thereof, <br />the rental payable thereundez, or to change any renewal pro- <br />visions therein contained; (d) waive any default thereunder <br />or breach thereaf; (e} give any consent, waiver ar approval <br />!:hereunder or take any ocher action in cannecCion therewith, <br />or 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 ar otherwise dispose of, ar encumber, its <br />interest in any such lease or any rents, issues or praEit:s <br />issuing ar arising thereunder. <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, aY1 awards, damages and proceeds are hereby <br />assigned and shall be paid to Beneficiary who shall apply such <br />`^~ awards, damages and proceeds to the sums secured by the Trust <br />Deed, with the excess, if any, paid to the Trustor. Trustor <br />will promptly, and with due diligence, repair, alter and re- <br />stare the remaining part- of the Trust Property to its former <br />condition substant~.ally to the extent that the same may be <br />feasible and so as to constitute a complete and usable unit. <br />-4- <br />