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20100934�
<br />management, upkeep, repair or control of the Real Property. This is an absolute assignment, not an
<br />assignment for security only, and Beneficiary's right to Ftents is not contingent upon and may be
<br />exercised withput taking possession of the Real Property. Trustor agrees to execute and deliver to
<br />Beneficiary, within five (5) days of Beneficiary's written request, such additional documents as
<br />Beneficiary or Truste�e may reasonably request to further evidence the assignment to Beneficiary af any
<br />and all Leases and Rents. Beneficiary or Trustee, at Beneficiary's option and without notice, may notify
<br />any lessee or tenant of this assignment of the Leases and Rents.
<br />3.2 Protection of Securitv. To protect the security of this assignment, Trustor agrees:
<br />(a) At Trustor's sole cost and expense: (i) to perForm each obligation to be perFormed by the lessor or
<br />landlord under each Lease and to enforce or secure th� performance of each obligation to be performed
<br />by the le5see or tenant under each Lease; (ii) not to modify any Lease in any material respect, nor
<br />accept surrender under or terminate the term of any Lease; (iii) not to anticipate the Rents under any
<br />Lease; and (iv) not to waive or release any lessee or tenant of nr from any Lease obligations. Trustor
<br />assigns to Beneficiary all of Trustor's right and power to modify the terms of any Lease, to accept a
<br />surrender under or terminate the term of or anticipate the Rents under any Lease, and to waive or
<br />release any lessee or tenant of or from any Lease obligatipns, and any attempt on the part af Trustor to
<br />exercise any such rights or powers without 8eneficiary's prior written consent shall be a breach of the
<br />terms hereof.
<br />(b) At Trustor's sole cast and expense, to defend any action in any manner connected with any Lease or
<br />the obligatians thereunder, and to pay all costs of Beneficiary or Trustee, including reasonable attorneys'
<br />fees, in any such action in which Beneficiary or Trustee may appear.
<br />(c) That, should Trustor fail to do any act required to be done by Trustor under a Lease, then Beneficiary
<br />ar Trustee, but without obligation to do so and without nqtice ta Trustor and without releasing Trustor
<br />from any obligation hereunder, may make or do the same in such manner and to such extent as
<br />Beneficiary or Trustee deems necessary to protect the security hereof, and, in exercising such powers,
<br />Beneficiary or Trustee may employ attorneys and other agents, and Trustar shall pay necessary costs
<br />and reasonable attorneys' fees incurred by Beneficiary ar Trustee, or their agents, in the exercise of the
<br />powers granted herein. Trustor shall give prompt notice to Beneficiary of any default by any lessee or
<br />tenant under any Lease, and of any notice af default an the part of Trustor under any Lease received
<br />from a lessee or tenant thereunder, together with an accurate and complete copy thereof.
<br />(d) To pay to Beneficiary immediately upon demand all sums expended under the authority hereof,
<br />including reasonable attorneys' fees, together with interest therean at the highest rate per annum
<br />payable under any Secured Obligation, and the same, at Beneficiary's option, may be added to any
<br />Secured Obligation and shall be secured hereby.
<br />3.3 License. Beneficiary confers upon Trustor a license ("License") to collect and retain the Rents as,
<br />but npt before, they come due and payable, until the occurrence of any befault. Upon the occurrence of
<br />any Default, the License shall be automatically revoked, and Beneficiary or Trustee may, at Beneficiary's
<br />aptian and without notice, either in person ar by agent, with or without bringing any action, or by a
<br />receiver to be appointed by a court: (a) enter, take possession of, manage and operate the Real
<br />Property or any part thereaf; (b) make, cancel, enforce or modify any Lease; (c) obtain and evict tenants,
<br />fix ar modify R�nts, and do any acts which Beneficiary or Trustee deems proper to protect the security
<br />hereof; and (d) either with or withaut taking possession of the Real Property, in its own name, sue for or
<br />atherwise collect and receive all Rents, including those past due and unpaid, and apply the same in
<br />accordance with the provisions of this Deed of Trust. The entering and taking possession of the Real
<br />Property, the collection of Rents and the application thereaf as aforesaid, shall not cure or waive any
<br />DeedOfTru&t-NE Job 1550608450-1310239188 Loan Vers.1 12/03/2010 Page 4 of 19
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