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201005090 other obligations thereunder direct to Benef ciary without any obligation an their part to determine whether an Event of Default does in fact exist or 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 Nate, 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 or 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 nor 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 or consent to the cancellation or surrender of any Lease, now or hereafter existing, except that any Lease may be canceled provided that promptly after the cancellation or 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; ar (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; or (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 Property or the security of this Deed of Trust. Trustor shall not execute any Lease of all or any substantial portion of the Property, except fox actual occupancy by the lessee thereunder, and shall at all times promptly and faithfully perform, or 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. Trustor shall furnish to Beneficiary, within ten (10) days after a request by Beneficiary to do so, a written statement containing the names of all lessees of the Property, the terms of their respective Leases, the spaces occupied and the rentals payable thereunder. 10. Upon payment of all sums secured by this Deed of Trust, Beneficiary shall request Trustee to reconvey the Premises and shall surrender this Deed of Trust to Trustor. Trustee shall reconvey the property without warranty to the person or persons legally entitled thereto. Such person or persons shall pay all costs of recordation, if any. DEED OF TRUST 7:\TJC\13111\223\NE-DOT.2.wpd - 6