<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 />
|