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201005095 (b) Upon the occurrence of an Event of Default, Beneficiary may at any time and without notice, either iln person, by agent ar by receiver to be appointed by a court, terminate Trustar's license to collect the Rents, enter and take possession of the Fraperty ar any part thereof and in its own name sue for or otherwise collect the Rents. Trustor agrees that the other parties under the Leases may, upon notice from Beneficiary of the occurrence of an Event of Default, thereafter pay direct to Beneficiary the Rents due and to become due under the Leases and attorn to all other obligations thereunder direct to Beneficiary without any obligation on their part to determine whether an Event of Default does in fact exist ar has in fact occurred. All Rents collected by Beneficiary shall be applied as provided for above; provided, however, that if the costs, expenses and attorneys' fees shall exceed the amount of Rents collected, the excess shall be added to the Note, shall bear interest and shall be immediately due and payable. The entering upon and taking possession of the Property, the collection of Rents and the application thereof as aforesaid shall not cure or waive any Event of Default or notice of default, if any, hereunder, nor invalidate any act done pursuant to such notice, except to the extent any such default is fully cured. Failure ar discontinuance of Beneficiary at any time ar from time to time, to collect the Rents shall not in any manner impair the subsequent enforcement by Beneficiary of the right, power and authority herein conferred. Nothing contained herein, nor the exercise of any right, power of authority herein granted to Beneficiary shall be or be construed to be an affirmation by it of any tenancy, lease or option nnr an assumption of liability under nor the subordination of the lien or charge of this Deed of Trust to any such tenancy, lease or option. (c) Trustor shall not; (i} execute an assignment of any right, title or interest in the Rents; or (ii) except where the lessee is in default thereunder, terminate ar consent to the cancellation ar surrender of any Lease, now ar hereafter existing, except that any Lease may be canceled provided that promptly after the cancellation ar surrender thereof a new Lease is entered into with a new lessee having a credit standing, in the judgment of Beneficiary, at least equivalent to that of the lessee whose Lease was canceled, on substantially the same terms as the terminated or canceled Lease; or (iii) modify any Lease or any part thereof so as to shorten the unexpired term thereof or so as to decrease the amount of the Rents; ar (iv) accept prepayment of any Rents in excess of one month, except prepayments in the nature of security for the performance of the lessee under any Lease; or (v) in any other manner impair the value of the Fraperty or the security of this Deed of Trust. Trustar shall not execute any Lease of all or any substantial portion of the Property, except far actual occupancy by the lessee thereunder, and shall at all times promptly and faithfully perform, ar cause to be performed, each covenant, condition and agreement contained in each Lease, now or hereafter existing, on the part of lessor thereunder to be kept and performed. Trustar shall furnish to Beneficiary, within ten (lp) days after a request by Beneficiary to do sa, a written statement containing the names of ail lessees of the Property, the terms of their respective Leases, the spaces occupied and the rentals payable thereunder. DEIrD_U;+ TliiJ~l" 7;1TJC\13111\2191NE-DpT.wpd - ~ w